Village of Cazenovia, NY Article IV Supplemental Use and Site Regulations

§ 180-96 Functional family units.

The following criteria shall be considered in determining whether or not a group of unrelated persons is a functional family unit as defined herein:

A. The occupants must share the entire dwelling unit. A dwelling in which the various occupants act as separate roomers is not deemed to be occupied by a functional family unit.

B. The household must have stability with respect to the purpose of these regulations. Evidence of such stability may include the following:

(1) The presence of dependent persons regularly residing in the household.

(2) Proof of the sharing of expenses for food, rent or ownership costs, utilities and other household expenses.

(3) The various occupants have the same address for the purposes of voter registration; driver's license; motor vehicle registration; and/or filing of taxes.

(4) Common ownership of furniture and appliances among the various occupants.

(5) Enrollment of dependents in local public schools.

(6) Employment of occupants in the local area.

(7) A showing that the household has been living together as a unit for a year or more, whether in the current dwelling or other dwelling.

(8) Any other factor reasonably related to whether or not the group of persons is the functional equivalent of a family.

§ 180-97 Group residence.

Group residence uses shall be as defined in § 180-9 and in accordance with the following requirements:

A. No exterior alterations other than those mandated by any other codes or regulations to assure safety and sanitation shall be made to any existing dwelling.

B. Within a residential district, any new building shall be compatible with the scale, character and design of surrounding dwellings and shall comply with all regulations herein applicable to the district.

C. The number of residents in a group residence shall be reasonably consistent with the number of bedrooms and other living accommodations available in the structure.

§ 180-98 Home occupations.

A home occupation use shall be as defined in § 180-9 and in accordance with the following requirements:

A. Only one home occupation shall be permitted in a dwelling.

B. The home occupation shall not alter the primary use of the premises as a dwelling and shall be limited to 50% of the floor area of the first floor of the dwelling or up to 100% of any basement area of the dwelling, except where use of other space or rooms of a dwelling are an integral component of and clearly necessary for conduct of the home occupation.

C. The applicant shall identify anticipated average peak weekday vehicle trips generated by the dwelling and the home occupation and shall demonstrate the off-street and on-street parking capacity available to meet this parking need. Any on-street parking resources shall not include regular use of spaces fronting on adjoining properties. The number of on-site parking spaces shall not exceed the number permitted for the residential use.

D. External signs must be attached to the dwelling and shall otherwise comply with Article IV.

E. Only the occupants of the dwelling may conduct the business activities upon the premises.

F. In no way shall the appearance of the dwelling be altered nor shall the activity within the dwelling be conducted in a manner which would cause the residential character of the premises to change, either by the use of colors, materials, construction, lighting, signs, or the emission of noise, odor, vibration, glare, electrical disturbance, or conditions which are not typical of dwellings in the neighborhood.

G. There shall be no direct sale to consumers of goods not produced on the premises.

H. There shall be no exterior storage of stock or equipment nor exterior display of goods or products.

I. A home occupation for an animal day care facility shall be subject to the following limitations and requirements:

[Added 3-7-2016 by L.L. No. 1-2016[1]]

(1) No more than four dogs or cats (including domestic pets of the occupants of the residence) shall be upon the premises at any one time.

(2) Clients may not be accepted on the premises prior to 8:00 a.m. nor after 7:00 p.m.

(3) All services shall be by appointment only, with appointments scheduled to avoid overlapping client visits to the maximum extent practicable.

(4) All dogs and cats upon the premises must have current rabies vaccinations and have effective and current treatments for fleas, ticks and other parasites.

(5) All animal waste must be collected and kept in closed containers without odors.

(6) Animal noise shall not be disruptive to neighbors.

[1] Editor's Note: This local law also provided for the redesignation of former Subsections I and J as Subsections J and K, respectively.

J. Any application for a special permit for a home occupation which does not clearly comply with all above requirements and which does not demonstrate that peak parking needs can be satisfied without undue impact on the residential character of the street and neighborhood shall be denied.

K. A special permit for a home occupation shall be valid for one year from the date of initial approval by the Planning Board, but shall be deemed automatically renewed for successive one-year periods unless the Zoning Enforcement Officer finds that the home occupation has been or is being conducted in a manner inconsistent with any of the above requirements and/or of the original special permit approval. If the Zoning Enforcement Officer so finds, the special permit shall not renew, and, upon notification by the Zoning Enforcement Officer, the home occupation shall cease.

[Amended 3-7-2016 by L.L. No. 1-2016]

§ 180-99 Bed-and-breakfast.

Bed-and-breakfast: use shall be as defined in § 180-9 and in accordance with the following requirements:

A. No exterior alterations, other than those mandated by any other codes or regulations to assure safety and sanitation, shall be made to any existing dwelling for the purpose of operating and conducting a bed-and-breakfast.

B. No outdoor advertising other than one sign permitted by these regulations shall be provided.

C. Only a breakfast meal may be served to guests.

D. A bed-and-breakfast on a lakefront shall not include any boating or boat docking facilities for use by guests.

E. The owner/occupant shall maintain a current guest register including names, addresses and dates of occupancy of all guests; such register shall be available for inspection by the Zoning Enforcement Officer.

F. Off-street parking shall be provided in accordance with these regulations without unreasonably changing the existing residential character of the lot.

G. All bed-and-breakfast uses shall annually obtain a license to operate a bed-and-breakfast establishment under the same terms and conditions as set forth in Subsections M, N, O, P, Q, S, T and U of § 180-104 of this chapter, and all bed-and-breakfast uses shall be subject to compliance with all the special use and licensing conditions and requirements applicable to transient occupancy lodging uses as set forth in said § 180-104, except to the extent such conditions or requirements may conflict with the provisions of this section, in which case the provisions of this section shall apply.

[Added 2-4-2019 by L.L. No. 1-2019]

§ 180-100 Post-secondary educational uses.

A. Post-secondary educational institution, private school, public school, and religious facilities uses are classified as a special uses in residential zoning districts because of the significant and potentially detrimental impacts which may be generated by such uses within established residential neighborhoods of the Village, including major portions of the Historic Preservation Overlay District. It is the specific intention of these special permit standards that these uses, when established or modified in residential zoning districts, must have no greater impact on residential uses and neighborhoods than the impact of other residential uses, and that these uses will not adversely impact the value or lawful use and enjoyment of surrounding residential properties.

B. If located within the Historic Preservation Overlay District, such use shall comply with the regulations of said district and shall demonstrate that it is compatible with and will not diminish or impair the established values and harmony, integrity and character of the district or contributing buildings within the district.

C. Notwithstanding any other requirements, the location, size, scale, or height of a new building shall be reasonably consistent with those of any building(s) which it may replace, so as not to diminish and unreasonably impair the supply of light and air available to any existing adjoining dwellings.

D. The specific use of, and levels and concentrations of activity within, existing and proposed buildings, yards, open spaces areas, off-street parking vehicular and pedestrian traffic systems; and other features of the use, shall not exceed the reasonable capacity of surrounding streets and other public facilities to accommodate and support such use.

E. The use shall not reasonably threaten or impair the health, safety and general welfare of surrounding residents by introducing or increasing traffic congestion, danger from fire or other hazards, light or noise, loss of privacy or security, comfort and convenience, the capacity of public facilities and resources, or by other adverse impacts on the livability, value or character of surrounding dwellings or neighborhoods.

F. If the use adjoins a residential use, a landscaped buffer must be provided and maintained in accordance with the provisions of §§ 180-109 and 180-110 of this chapter to mitigate visual, light, noise, traffic, privacy, and other impacts of such use along adjoining residential lots and streets.

§ 180-101 Motor vehicle service.

Motor vehicle service uses shall be as defined in § 180-9 and in accordance with the following requirements:

A. Entrance and exit driveways shall be located at least 20 feet from any side or rear lot lines and at least 35 feet from any intersecting street right-of-way line. Driveways shall be planned to avoid the necessity of any vehicle backing into a street or across a sidewalk. All areas of vehicular servicing and movement other than driveways shall be located on the lot and not in the street right-of-way.

B. The use shall be laid out to avoid stacking of entering vehicles in travel lanes of access streets.

C. No building or other structure, except a fence, shall be closer than 50 feet to any lot in a residential district or any other lot used for residential purposes.

D. Any permitted repair or servicing of vehicles other than the dispensing of fuel, oil, water and air, shall be performed indoors.

E. No unlicensed or dismantled motor vehicles shall be stored outdoors.

F. Adequate off-street parking shall be provided for employees at peak shift.

§ 180-102 Convenience store.

Convenience store uses shall be as defined in § 180-9 and in accordance with the following requirements:

A. Any such use shall provide off-street parking at a ratio of one space for each 100 square feet of retail sales floor area accessible to customers. Such parking shall be separated from any vehicular servicing and movement areas of any gasoline service station with which it is associated other than common entrance and exit driveways.

B. Outdoor storage of any stock or other material or outdoor display or sale of any goods shall be prohibited, unless stored or displayed within four feet of the building perimeter.

C. Entrance and exit driveways shall be located at least 20 feet from any side or rear lot lines and at least 35 feet from any intersecting street right-of-way line. Driveways shall be planned to avoid the necessity of any vehicle backing into a street or across a sidewalk. All areas of vehicular servicing and movement other than driveways shall be located on the lot and not in the street right-of-way.

D. The use shall be laid out to avoid stacking of entering vehicles in travel lanes of access streets.

E. No building or other structure, except a fence, shall be closer than 50 feet to any lot in a residential district or any other lot used for residential purposes.

§ 180-103 Drive-in facility or car wash.

Drive-in facility and car wash uses shall be as defined in § 180-9 and in accordance with the following requirements:

A. Provision shall be made for off-street stacking of at least five vehicles entering and waiting for service for each drive-in station or unit, and for adequate stacking and movement of existing vehicles from the drive-in stations to the street. Any facility which may regularly generate stacking of vehicles on travel lanes of access streets so as to impede either public vehicle or pedestrian traffic shall be denied.

B. All vehicle movements required by the facility shall meet all reasonable sight distance and other safety standards, and such movements shall be properly controlled with uniform traffic control signs and other devices.

C. Drive-in traffic shall not interfere with access to required off-street parking.

D. The lot shall have a minimum width of 100 feet along each fronting street.

E. Substantial curbed and landscaped buffers in accordance with these regulations or otherwise acceptable to the Planning Board based on lot dimensions and site plan requirements shall be provided along all side and rear lot lines.

F. Surface drainage shall be controlled and collected on site and connected to a storm drainage system; significant runoff onto streets shall not be permitted; proper provision shall be made for directing car wash wastewater to a sanitary sewer system.

§ 180-104 Transient occupancy lodging: special conditions and license requirements.

[Added 8-6-2018 by L.L. No. 6-2018]

A. Transient occupancy lodging is classified as a special use because of the potentially unpredictable intensity of use and resulting conflicts with other adjoining and nearby uses. The Planning Board shall review such uses under the criteria set forth in § 180-143, and shall particularly address each application in terms of site plan features such as proximity to other uses and the nature of nearby uses, as well as available parking, lighting and other site features in order to minimize land use conflicts and associated adverse impacts to other residential uses. Any initial application for a special permit to operate a non-owner-occupied transient occupancy lodging use facility located within an R-30, R-20, R-10, R-6, RM, WG or CD zoning district must be received by the Village Clerk no later than October 1, 2018. All special permits for non-owner-occupied transient occupancy lodging use facilities located within an R-30, R-20, R-10, R-6, RM, WG or CD zoning district granted to the owner of the premises as of July 2, 2018, shall terminate and expire upon the transfer of title (ownership) of the subject premises by said owner, at which time the use of said premises as a non-owner-occupied transient occupancy lodging use facility shall terminate and shall thereafter cease to be permitted under the provisions of this chapter.

B. The maximum number of persons permitted to occupy any transient occupancy lodging facility shall be two persons per sleeping room, with an overall maximum of eight persons, subject to available parking for the use. The Planning Board may establish a lower maximum occupancy limit under its special permit review authority if it determines that the number of parking spaces appropriately devoted to the use is insufficient to support the number of intended occupants without adversely affecting adjoining property owners and/or the surrounding neighborhood.

C. No recreational vehicles, campers, trailers, or motor vehicles larger than a one-ton pickup truck may be parked upon the premises during any transient occupancy. The number of automobiles and/or light duty (pickup) trucks that may be parked on site in association with any transient occupancy lodging shall be limited to the number of off-street parking spaces designated on the site plan approved by the Planning Board. No vehicles may be parked on lawns or in other areas not specifically approved as parking spaces under the provisions of this chapter. The Planning Board shall review all applications in relation to the physical limitations of the subject premises as well as the proximity to adjoining uses and surrounding neighborhoods in order to determine the appropriate parking requirements and occupancy limits.

D. No transient occupancy lodging facility shall be located above the second floor of any building unless such floor has a fire sprinkler system or has been otherwise constructed in accordance with requirements of applicable New York State code requirements for residential occupancy of such floors.

E. Each sleeping room within a transient occupancy lodging facility shall have affixed to the occupied side of the entrance door to the sleeping room a written notice stating the means of egress from the room in case of fire or other emergency, the location of means for transmitting fire alarms, if any, and the evacuation procedures to be followed in the event of a fire or smoke condition, or upon activation of a fire or smoke-detecting or other alarm device.

F. Dwellings and/or dwelling units used for transient occupancy lodging shall have no exterior signs or other exterior indications of the transient occupancy use, which shall from all exterior indications be indistinguishable from an otherwise permitted conventional residential use.

G. All transient occupancy lodging uses shall be limited to the temporary lodging of registered guests, and no commercial activities and no public or private parties, receptions, meetings or similar social gatherings or events shall be permitted. Occupancy shall be limited to the number of persons permitted under the special use permit issued by the Planning Board, and the operator of the facility shall maintain a register of all guests staying at the facility, their permanent addresses, and the dates of their stay. This register shall be immediately made available to the Village Code Enforcement Officer and/or Police Department as part of any Village investigation of any complaints regarding guest behavior and/or to determine compliance with requirements of any special permit issued for the facility.

H. No person, whether directly or as a sole or partial owner of another legal entity, may be the owner or operator of more than one transient occupancy lodging facility within any area of the Village zoned R-30, R-20, R-I0, R-6, RM, WG or CD at any one time.

I. Owners of permitted non-owner-occupied transient occupancy lodging facilities shall be required to have a designated property manager who resides in such proximity to the subject premise so as to permit him or her at all days and times to physically be at the subject premise within 15 minutes of receiving notification of a complaint relating to the premises. Current contact information for this person or persons shall be kept on file with the Village Code Enforcement Officer and Village Clerk at all times.

J. Owners of transient occupancy lodging facilities must at all times be current in the payment of all real property taxes and special assessments, and shall be responsible for complying with other applicable legal and regulatory requirements, including, but not necessarily limited to, compliance with New York State building, property maintenance and safety codes and registration and collection of state and local sales taxes and county occupancy taxes. When available, applicants shall register to have applicable taxes and fees collected and remitted by the internet host platform.

K. All owners of transient occupancy lodging facilities shall provide to the Village proof of general liability insurance against claims for personal injury, death or property damage occurring on, in or about the subject premises in an amount not less than $1,000,000 in respect of personal injury or death, and in an amount of not less than $100,000 in respect of property damage.

L. All applications for approval of a non-owner-occupied transient occupancy lodging facility in existence prior to July 2, 2018, in an R-30, R-20, R-10, R-6, RM, WG or CD zoning district shall be accompanied by documentary proof of operation as a non-owner-occupied transient occupancy lodging facility, which shall include a copy of the Madison County occupancy tax certificate for the premises dated before July 2, 2018 and proof of website hosting of the property before July 2, 2018, (such as a screenshot/proof), the adequacy of which shall be subject to Village approval, and at least one of the following two items:

(1) A copy of the most recent county occupancy tax quarterly return showing payment of Madison County occupancy tax on at least one rental before July 2, 2018;

(2) A copy of at least one rental agreement/booking (online proof is acceptable) showing occupancy of the premises by a transient tenant before July 2, 2018.

M. License required. No person, firm or entity shall own, operate or manage a transient occupancy lodging facility in the Village of Cazenovia, nor shall any owner permit the operation of a transient occupancy lodging facility on premises owned by him, her or it, without a duly issued license from the Village of Cazenovia to operate a transient occupancy lodging facility. All new and existing transient occupancy lodging facilities shall be required to obtain a license annually from the Village Code Enforcement Officer, the original or copy of which shall be prominently displayed in a front window of the subject residence in such manner so that it is clearly visible from the public sidewalk, or from the street if there is no sidewalk.

N. Licenses issued for transient occupancy lodging facilities shall be valid for one year, from October I to September 30. A complete application for a license or license renewal shall be submitted to the Code Enforcement Officer not less than two months prior to the date the license, or renewal license, as applicable, is to be effective. Applications not submitted in time to be effective as of the 1st day of October shall be effective as of the date of issuance and shall expire on the next succeeding 30th day of September. The applicant shall schedule with the Enforcement Officer the necessary inspection of the dwelling or dwelling unit not less than 30 days prior to the desired license effective date. All applications for a special permit and license shall include the following information:

(1) Current and accurate site plan of the premises (as approved by the Planning Board for the special permit application), showing all property lines, building lines, driveways, sidewalks, parking spaces, garbage and recycling storage areas, and any outbuildings and outdoor gathering areas such as patios and decks;

(2) Floor plans, as determined adequate by the Planning Board and which need not be prepared by a licensed design professional, for each building floor level containing rentable space, which specifically depict all room sizes and locations, common areas, exits and other facilities;

(3) A copy of the recorded deed showing all current owners of the premises, and a list of the names, home and business addresses, all phone numbers (including home, business and cell) and e-mail addresses of all property owners and all property managers in the case of non-owner-occupied facilities;

(4) The number of permanent residents and the number of transient residents proposed to reside on the premises (as authorized per the conditions of the special use permit granted by the Planning Board in the case of license applications), including the number assigned to each bedroom shown on the building floor plans;

(5) The number of all automobiles, trucks and other vehicles belonging to the owners/permanent residents that will be parked on the premises during periods of transient rentals, including, for each such vehicle, the make, model and year of the vehicle, license plate number, the name and permanent address of each vehicle's local operator and its titled owner,

(6) Such other information as the Code Enforcement Officer may reasonably require for the premises in question.

O. All applications for a special permit and/or license to operate a transient occupancy lodging facility shall be signed by all owners of the premises. All applications shall include an accurate list of all property owners within 150 feet of the subject premises, as indicated on the most recent real property tax assessment roll, accompanied by a statement that all such owners have been provided a copy of the application. Each signator to the application shall swear or affirm to the truth and accuracy of the information contained in the application. Upon each license application and renewal application, the applicant shall be required to pay a license administration fee to the Village of Cazenovia, which, except as may be otherwise determined by resolution of the Board of Trustees, shall be in the amount of $200.

P. All proposed transient occupancy lodging facilities shall be physically inspected for proper maintenance of the premises in accordance with Subsection S(1) below, and for general code compliance prior to issuance of a license to operate the facility, and also on an annual basis thereafter prior to the issuance of any renewal license.

Q. Upon such timely application and inspection, the Enforcement Officer will issue or renew, as applicable, the license upon a finding of full and proper compliance with all provisions of this chapter and all other applicable laws and standards. Upon determining that sufficient grounds exist under the provisions of Subsection S below, the Planning Board shall have the authority to revoke any such license upon application of the Code Enforcement Officer and after holding a public hearing upon any such application to revoke a license.

R. The total number of nights of transient occupancy of any Transient Occupancy Lodging facilities located within an R-30, R-20, R-10, R-6, RM, WG or CD zoning district may not exceed 60 nights within any given license year.

S. Grounds for denial or revocation of license. Any proposed or existing transient occupancy lodging facility that is not in compliance with the requirements of this chapter, or any other applicable laws or standards, shall not be granted a license to operate, and, in the event a license has been issued, such license shall be subject to revocation, as herein provided, and the owner(s) and operator(s) of the transient occupancy lodging facility shall be subject to such other penalties and/or remedies as may be applicable. The existence of any of the following conditions and circumstances shall be deemed violations that constitute grounds for denial or revocation of a transient occupancy lodging facility license:

(1) Indications of improper maintenance or operation of the property in keeping with the character of the neighborhood, and/or failure to maintain and keep the premises in a healthy, safe and sanitary condition, which shall include, but is not necessarily limited to:

(a) Exposed garbage or litter on the premises;

(b) Failure to maintain the buildings and grounds in a neat and orderly fashion, including painting and maintenance of exterior surfaces and windows and maintaining and trimming of grass and other vegetation;

(c) Parking of vehicles on or about the premises in undesignated and/or unapproved parking areas;

(d) The occurrence of parties or other gatherings of individuals upon the premises wherein the number of persons gathered upon the premises exceeds the number of persons authorized upon the premises under the terms of the special permit and license.

(2) Two or more instances within any twelve-month period where a police officer or agency, or the Village Code Enforcement Officer, issued one or more appearance tickets or arrest warrants with respect to acts or omissions related to the transient occupancy of the premises. Such conduct shall include, but is not necessarily limited to, the occurrence of any acts, incidents or events upon the premises that constitute violations of any provision of this chapter, or any other provision of the Village Code, and/or the New York State Penal Law.

(3) The conviction upon any formal charges as described in the immediately preceding Subsection S(2) shall be prima facie evidence of improper operation of a transient occupancy lodging facility, and shall constitute grounds for immediate revocation of a license, as well as for automatic denial of a license renewal application for a period of one year following the date of license revocation or expiration, as applicable.

T. Upon determining the existence of one or more offending conditions relative to the premises, the Code Enforcement Officer shall deny the application for a transient occupancy lodging facility license and, with respect to previously licensed transient occupancy lodging facilities, at that time may take any action authorized by law, including, but not necessarily limited to the following:

(1) Impose additional conditions upon the license;

(2) Refer the matter to the Planning Board to schedule a public hearing to consider revocation of the license;

(3) Issue one or more appearance ticket or tickets for any violation(s) of the Village Code. The Code Enforcement Officer shall be authorized to issue an appearance ticket to any owner or operator of a transient occupancy lodging facility operating without a valid license.

U. Any violation of the provisions of this § 180-104 shall constitute a misdemeanor punishable by a maximum fine of $1,000, or by imprisonment for not more than six months, or by both such fine and imprisonment. Each day of continued violation shall constitute a separate and additional offense.

§ 180-105 Motel/hotel.

A. Motel/hotel use is classified as a special use because of the potential scale and density of development and traffic generation. The Planning Board shall review such use primarily in terms of architectural and site plan review criteria and considerations, but shall also focus on any special traffic considerations which are appropriate.

B. The location of entrance and exit driveways and the traffic volumes and patterns currently being experienced on access streets shall be particularly reviewed in relation to anticipated additional peak-hour traffic expected to be generated by the use. Any significant adverse impacts expected from such traffic, and any visual, noise or other impacts on surrounding residential districts and uses shall be considered by the Planning Board in determining the appropriateness of the use.

C. The proposed extent of grading of the site and drainage management shall also be considered. Stormwater runoff shall be controlled and collected on site and discharged to a public storm sewer system or to a natural drainage system with capacity to accept such runoff. An on-site stormwater detention facility may be required to provide controlled release if potential runoff exceeds the capacity of downstream systems to accept such runoff without flooding, erosion or other adverse impacts.

D. Any such use developed by one or more applicant property owners, with or without any government participation, shall reasonably comply with all regulations as they may affect the design, dimensions, surfacing, lighting, buffering and screening, signing or other aspects of development of a parking lot.

E. Such use shall preferably have two driveway connections to streets, and shall be located and designed to avoid stacking up of entering vehicles in travel lanes of adjoining streets or any conflict with pedestrian traffic.

F. The Planning Board shall also review such proposed use in relation to surrounding neighborhood, business area, and other uses in order to consult and participate with the applicant in suggesting any modifications which may be appropriate to serve current or anticipated parking needs.

§ 180-106 Quarry use and activity.

In any district, any quarry use and activity, except when incidental to the construction of a building on the same lot, may only be permitted following a special permit procedure and approval by the Planning Board. In any district, the following requirements shall apply:

A. No excavation or stockpiling of materials shall be located within 200 feet of any street or other lot line. No blasting shall be permitted.

B. No power-activated sorting machinery or equipment shall be located within 600 feet of any street or lot line, and all such machinery shall be equipped with satisfactory dust elimination devices.

C. All excavation slopes in excess of one to one shall be adequately fenced.

D. Extension of any existing nonconforming quarry shall be prohibited unless such extension was previously approved by the Village Board.

E. Stripping of topsoil from any lot for sale or use elsewhere shall be prohibited.

F. Prior to any approval of new or extended quarrying operations, a performance bond or irrevocable letter of credit in favor of the Village shall be provided by the applicant in an amount determined by the Board of Trustees to be sufficient to ensure that upon completion of the quarry operations, the abandoned quarry will be reclaimed and restored to a safe, attractive and useful condition in the interest of public safety and general welfare. The applicant shall submit a plan of proposed improvements to accomplish such reclamation. The Planning Board shall not approve any quarry operations which do not provide for adequate topographic and vegetative reclamation and restoration of the quarry area to a reasonable natural appearance. Nothing herein shall limit the rights of other agencies having jurisdiction over such land use activity and reclamation of such land use areas, and the applicant shall be responsible for securing any permits required from such agencies. However, a permit from such agency shall not serve to waive the requirement of a Village permit.

§ 180-107 Filling of land.

A. The placement, deposit, burial or dumping of waste organic material is prohibited within the Village. Inorganic rock, stone, sand, soil, cinders and construction debris such as concrete may be placed and/or buried on a lot only in conjunction with a specifically approved development proposal in accordance with a grading plan approved by the Planning Board and the Village Engineer. This section shall not be deemed to prohibit the placement of topsoil or mulch materials in conjunction with typical lawn seeding and landscaping activities, as long as such seeding and landscaping activities do not adversely affect stormwater drainage on adjoining or other lots.

B. The Zoning Enforcement Officer shall approve and authorize all land filling activity in writing, provided that:

(1) All land fill is graded as authorized by the Zoning Enforcement Officer.

(2) The total amount of landfill does not exceed 40 cubic yards, except where such fill is generated by on-site earthwork and regrading in connection with a building or site construction project requiring a building permit. Placement of excavated material and fill and grading of all such material shall be part of Planning Board review prior to issuance of a building permit.

(3) The minimum distance from any edge of a landfill area to any shoreline or wetland edge is more than 100 feet. Adequate erosion controls and sedimentation traps shall be installed in any area which may impact on any shoreline, wetland or adjoining lot.

(4) The project will not adversely modify or impair drainage to, from, or on any adjoining lot.

C. Any landfill which is not included under a building permit and does not meet the above criteria shall require a special permit procedure and approval by the Planning Board.

§ 180-108 Adult businesses.

No person shall construct, establish, operate or maintain, or be issued a certificate of occupancy for, any adult business use unless such use meets the following standards:

A. No more than one adult business use shall be allowed or permitted on any one lot.

B. No adult business shall be allowed or permitted on a lot that is closer than 800 feet (all distances to be measured from lot line to lot line) to:

(1) A lot on which there is another adult business use.

(2) Any church or other regular place of worship, community center, funeral home, library, school, nursery school, day-care center, hospital or public park, playground, recreational area or field.

(3) Any public buildings.

(4) Any hotels or motels.

C. Observation from public way prohibited. No adult business use shall be conducted in any manner that permits the observation of any material depicting or relating to specified sexual activities or specified anatomical activities from any public way or from any other lot, including but not limited to any lighting, display, decoration, poster, photograph, video/DVD, sign, show, doorway, window, screen or other opening.

§ 180-109 Transition requirements.

The following requirements shall apply in all instances of adjoining residential and nonresidential lots:

A. A landscaped buffer or screening device shall be provided in all yards of nonresidential district lots which adjoin lots in a residential district as required herein.

B. No parking, loading, driveway or structure other than a fence or other screening device shall be permitted within a required buffer.

C. Where a lot in a nonresidential district adjoins a lot in a residential district, side and rear yards of the nonresidential lot shall be equal in depth to side and rear yard depths required in the residential district, but not less than 10 feet.

D. Front yard transition. Where frontage on one side of a street in the same block may contain both residential and nonresidential districts, the front yard depth in the nonresidential district shall be equal to the required front yard depth of the residential district.

§ 180-110 Landscaped buffer requirements.

A. Buffer requirement and purpose.

(1) Where any nonresidential land use, whether in a residential district or a nonresidential district, adjoins one or more residential district lot(s), a strip of land at least 25 feet in width shall be established and maintained as a landscaped buffer in the front, side and rear yards adjoining the residential district lot(s).

(2) The purpose of the buffer is to minimize the impact of the nonresidential use on the adjacent residential, or future residential use, with the intent that the landscaped buffer shall be a complete buffer consisting of overstory, understory and ground cover vegetation that is environmentally sound, visually attractive and effectively mitigates against adverse light and sound impacts.

B. Minimum requirements. Landscaping shall be installed and maintained in front, side and rear yards as developed, and shall take the form of shade trees, deciduous shrubs, evergreens, well-kept grassed areas and ground cover. A mixed variety of vegetation shall be planted to form a dense year-round visually opaque buffer at least eight feet in height, except as otherwise limited by the provisions of § 180-111 of this chapter. All such landscaping shall be installed and maintained in a healthy growing condition in accordance with the following requirements:

(1) Required landscaping shall consist of a minimum of six large maturing trees (minimum 50% evergreen) and 40 medium shrubs (minimum 75% evergreen) for each 100 linear feet, to provide continuous coverage. For dimensions of less than 100 feet, plantings and spacing will be in proportion to the basic ratio described above. Where overhead utility lines exist, small maturing trees planted one per 15 linear feet may be substituted for large maturing trees with the approval of the Planning Board.

(2) New trees and shrubs should be evenly spaced at planting. At installation, shrubs shall have a twenty-four-inch minimum installed height, evergreen trees shall not be less than eight feet in height, large maturing trees shall be a minimum caliper of 2 1/2 inches, and small maturing trees shall be a minimum caliper of 1 1/4 inches.

(3) Where a natural buffer exists, it is to remain undisturbed, with no removal of lower limbs or undergrowth except as required to maintain the health and vigor of the vegetation.

(4) Where new landscape materials are to be installed, the type of material used will be complementary to plant materials existing on the property and on adjoining properties. Use of native plant materials is encouraged.

(5) All new plant material will be of good quality, installed in a sound, workmanlike manner and meet the standards set forth in the American Standard for Nursery Stock by the American Association of Nurserymen. The owner and contractor will warrant all new plant material for two years from time of installation.

(6) All trees will be properly guyed and mulched, as required, in accordance with accepted practices in the landscape industry, to prevent winds from loosening the roots. Installation and construction practices shall be utilized so as to preserve and replace existing topsoil and/or amend the soil to reduce compaction.

(7) The owner of the property is responsible for the continued proper maintenance of all landscaping materials and will keep them in a proper, neat and orderly appearance, free from refuse and debris. All dead or unhealthy plant material will be replaced within 180 days to maintain the quality of the landscaping. In no instance will the Village of Cazenovia be responsible for the maintenance of any vegetation required under these regulations.

(8) No dumpsters or other refuse storage containers, and no mechanical equipment such as air conditioner units, shall be permitted within the buffer area.

(9) Permanent detention and temporary erosion and sedimentation control basins are prohibited in buffer areas.

(10) Utility easements may cross but not be placed within the long dimension of a buffer area.

(11) Wherever practical, pedestrian access may be provided through the buffer area.

C. Masonry walls and wooden fences not more than six feet in height may be used in addition to required vegetation in the landscaped buffer, but not in lieu of the required vegetation, subject to the limitations of § 180-111. Masonry walls shall have brick or stone facing, or have the appearance thereof. All wooden fences shall substantially identical in appearance when viewed from either side, with the fence posts located on the owner's side.

D. Berms may be utilized in the design of a landscaped buffer, subject to the limitations of § 180-111, provided that the slope of the berm shall not exceed a maximum rise of one foot to a run of two feet, a maximum height of four feet and a maximum width of 40% of the required buffer width at the base of the berm.

E. Alternative methods of compliance.

(1) Alternate landscaping plans, plant materials, or planting methods may be used where unreasonable or impractical situations would result from application of landscaping requirements, or where necessary to protect existing vegetation. Such situations may result from streams, natural rock formations, topography, or other physical conditions, or from lot configuration, utility easements, unified development design, or unusual site conditions.

(2) The Planning Board may approve an alternate plan that proposes different plant materials or methods provided that such alternative plan provides quality, effectiveness, durability, and performance equivalent to that required by this section.

§ 180-111 Screening devices.

A. Permit. No fence, wall or other screening device, except natural vegetation plantings, shall be installed without a building permit. The Zoning Enforcement Officer may issue a building permit in accordance with Subsection B(3) below.

B. Height and location.

(1) Front yard. Screening devices permitted within required front yards may not exceed four feet in height and shall be of an open see-through design. Substantially opaque fences are prohibited within a required front yard. On corner lots, such devices shall be subject to visibility requirements within 25 feet of the corner as required elsewhere in this section. Where a screening device is permitted within a front yard, it shall be located at least two feet inside the front lot line or at least two feet inside any sidewalk which may overlap the front lot line.

(2) Side and rear yards. No fence or wall shall exceed six feet in height within required side and/or rear yards in residential zoning districts. Higher fences may be approved by the Planning Board for nonresidential uses where the need for a higher fence is warranted for screening, security and/or public protection.

(3) Fences and walls shall be substantially identical in appearance when viewed from either side, with fence posts located on the applicant's lot side. If not substantially identical in appearance, a fence or wall may be installed only as directed by the Planning Board following a public hearing and specific prior notice to the adjoining property owner prior to the issuance of a permit.

(4) Prohibitions. Barbed wire or electrified screening devices are prohibited. Chain link fences must have a continuous top rail.

(5) Plantings.

(a) Plantings, except trees and ground cover, shall not be placed between the sidewalk and the street, and shall not exceed three feet in height if placed within 10 feet of the street line. Trees planted in the public right-of-way must be approved by the Village Public Works Administrator.

(b) There shall be no limit to the height of plantings located along the side or rear lot lines if more than 10 feet from the street line.

(c) Plantings installed as part of a required landscaped buffer area shall be in accordance with the provisions of § 180-110 of this chapter.

(6) Placement and maintenance.

(a) Any plantings placed on any lot so that they extend into or overhang an adjoining lot shall require the prior consent of the adjoining lot owner.

(b) All screening devices and plantings shall be maintained in a sound and safe condition at all times. All fences shall be maintained upright within three inches of the fence center line and shall be re-stained and/or re-painted as necessary for the protection of the fence and to maintain an attractive visual appearance.

(7) Accessibility. All portions of a lot enclosed by a screening device shall be made accessible for fire-fighting purposes. Pedestrian gates not less than three feet in width shall be installed at locations providing direct access to all enclosed yard areas.

(8) Nonconforming screening devices. Where a lawful screening device exists at the effective date of adoption or amendment of these regulations that could not be constructed under the terms contained herein by reasons of restrictions in height, visibility characteristics, location or any other requirement concerning said screening device, such screening device may be continued so long as it remains otherwise lawful, subject to the following provisions:

(a) No such screening device may be enlarged or altered in a way which increases its nonconformity.

(b) Where a nonconforming screening device is to be replaced or relocated, the replacement shall comply with these regulations.

§ 180-112 Outdoor lighting.

For the purposes of preserving, protecting and enhancing the lawful nighttime use and enjoyment of residential and nonresidential properties in the Village of Cazenovia, it is the intent of this section to establish reasonable standards regarding appropriate lighting systems and equipment, their installation, and regular maintenance thereof. It is intended to minimize issues associated with glare and light trespass while increasing the attractiveness of the Village of Cazenovia at night. Quality design and systems when combined with regular maintenance of lighting equipment help to beautify property and neighborhoods; make intended outdoor nighttime activity possible; aid public safety and individual security; and control unnecessary glare and light trespass. To minimize the cumulative effect of multiple properties casting artificial outdoor light detrimental to the desirable nighttime environment of neighboring properties, all outdoor lighting shall serve to provide the minimum illumination over the smallest areas of a site or object necessary for the average-sighted person to accomplish the activity(ies) or task(s) for the property's intended legal use. All outdoor lighting within the Village of Cazenovia installed on or after the effective date of this section or its amendment, as applicable, shall conform to the provisions of this section, and all persons and entities who install, use, alter, repair and/or maintain outdoor lighting within the Village of Cazenovia shall do so in accordance with the provisions of this section.

A. One-family and two-family residential use. Outdoor lighting on a lot devoted to one-family and two-family dwelling use shall be from stationary and steady sources, and shall neither create off-site glare, nor impair visibility, nor otherwise create a hazard to pedestrians or vehicles, or their safe movement.

B. All uses other than one-family and two-family uses; lighting plan requirement. All applications for site plan approval shall include a site lighting plan prepared and signed by a licensed design professional. The lighting plan shall include all intended lighting for the project, including but not limited to pole-mounted lights, canopy lights, wall-mounted fixtures, architectural lighting and walkway lighting. Existing on-site lighting as well as pertinent off-site lighting shall be shown on the drawings. Wall-mounted light locations shall also be shown on building elevation drawings submitted as part of the application. Lighting plans shall be submitted at a readable scale appropriate to the size of the project but in no case at a scale smaller than one inch equals 40 feet, and shall include, at a minimum, the following:

(1) Lighting values, in footcandles, shall be plotted on the lighting drawing in a grid not greater than 25 feet by 25 feet. Footcandle levels in a vertical plane at the site perimeter shall also be provided. The footcandle values shall include all fixtures on the site using a 75% maintenance factor.

(2) Calculations for lighting on the site shall include maximum FC, minimum FC, and average FC. Average FC calculation shall be based only on points within 10 feet of the edge of the area to be lit and within the property lines. The average light level is determined by adding the footcandle value of all the points in the grid and dividing by the total number of points. The maintenance factor used for lighting calculations shall be stated on the lighting drawings.

(3) Catalog cuts of the lighting fixtures shall include glare reduction devices, lamps, lens type, control devices and manufacturer's original copies of the fixture photometric data. Fixture cuts must include designation of the fixture as International Dark-Sky Association (IDA) approved, and as an Illumination Engineering Society of North America (IESNA) "full cutoff" fixture. Should a substitute for any lighting fixture approved by the Planning Board be selected, catalog cuts with complete information for the substitute fixture shall be submitted to the Planning Board for its approval prior to the ordering and/or installation of same.

(4) Lighting plans shall include a description of the timers, dimmers and/or sensors to reduce overall energy consumption and eliminate unneeded lighting, along with the proposed hours of operation.

C. Regulations and permit requirement. All outdoor lighting except one-family and two-family dwellings shall conform to the following requirements. Except for one-family and two-family dwellings, outdoor lighting installations, and/or fixture modifications not otherwise subject to site plan review, shall be instituted only upon the prior issuance of a lighting permit by the Code Enforcement Officer. All such applications shall be accompanied by the information described in Subsection B(3) and (4) above.

(1) The luminous surface of a luminaire shall, in general, be horizontally mounted and aimed away from a property boundary so as not to create glare or trespass.

(2) A luminaire shall be of a design accepted by the IESNA, as a fully enclosed, cutoff-style fixture with an integrally designed, fixed-connector (no swivel) arm for post or wall mounting. Drop-lens fixtures are not acceptable.

(3) Lighting designs and installations shall avoid glare and light trespass to neighboring properties and shall not adversely affect the character of these areas. The amount of illumination projected onto an adjoining property shall not exceed 0.1 vertical footcandle measured at ground level along the property line.

(4) Power wiring shall be underground and internal to the equipment and structure.

(5) The Lighting Handbook of the IESNA shall be used as a guide for lighting levels except as herein provided.

(6) Outdoor lighting shall include the use of automatic switching devices to extinguish or reduce excessive lighting at times when the need for such lighting diminishes.

D. Installation and design guidelines.

(1) Illumination at banks and facilities with an external automated teller machine (ATM) shall be higher only in the area of the ATM as required to conform to the New York State Banking Law which requires 10 FC at the face of the ATM as well as an area five feet away from the unit and two FC at a radius of 50 feet from the unit on all walkable surfaces where these light levels are measured at a height three feet above the ground surface. Such higher light levels shall not be achieved by an increase in light trespass or the creation of glare.

(2) Illumination at motor vehicle fueling pump islands value shall not exceed 10.0 FC in the area of the fuel pump islands or under any related canopy.

(3) Areas designated as exterior display/sales areas shall be illuminated so that the average horizontal illuminance at grade is no more than 5.0 FC. Lighting of these areas shall not be used to attract attention to the business.

(4) Exterior sports or athletic facilities shall submit a lighting report and plan prepared by a qualified licensed design professional which clearly documents the need and design parameters for the level of lighting desired.

E. Lighting ratios. The ratio of highest and lowest footcandle levels on a site shall not exceed 10:1.

F. Fixture heights.

(1) Pole-mounted fixtures:

(a) In no event shall the maximum mounting luminaire fixture height for pole-mounted lighting exceed a height of 35 feet above the lowest grade adjacent to the pole.

(b) Notwithstanding the provisions of Subsection F(1)(a) above, no parking lot fixture mounting height shall exceed the eave height of the principal building associated with the development by more than five feet, except that no fixture shall be mounted less than 15 feet above the lowest grade adjacent to the pole.

(c) Where any light fixture pole is located within 10 feet of a property line on a site, the maximum mounting height for all pole-mounted luminaires on the site shall be 20 feet above the lowest grade adjacent to the pole.

(2) Wall-mounted fixtures:

(a) The maximum mounting height for wall-mounted lighting shall not exceed 20 feet on all buildings.

(b) All wall-mounted lighting shall be coordinated with a building's architecture and site lighting needs and shall in all cases be mounted below the lowest eave line of any building roof.

(c) Light fixtures shall not be mounted on building-mounted poles or supports that extend above said eave line.

(d) Wall-mounted fixtures intended to light doorways shall be mounted a maximum of three feet above the door head.

G. Fixtures.

(1) Except as otherwise specifically allowed under this section, all light fixtures shall meet IESNA criteria for full cutoff fixtures.

(2) When specifically approved by the Planning Board, non-cutoff light fixtures not exceeding 4,500 initial lumens may be used as alternates or supplements to lighting. Decorative lighting fixtures using lamps 3,000 lumens or less are exempt from the cutoff criteria.

(3) Only fixtures capable of retrofitting with light-directing devices shall be permitted.

(4) Wall-mounted fixtures shall have a housing and lens configuration that prevents direct view of the lamp through the lens. The fixture housing shall cut off the light beam so that it projects not more than 75° up from vertical.

(5) The use of neon lighting is prohibited except as a light source for internally lit signs.

H. Mounting.

(1) Wherever possible, light fixtures shall face inward from the perimeter of a property and shall face toward the structure.

(2) Fixtures used for architectural lighting, e.g., facade, fountain, feature and landscape lighting, shall be aimed so as not to project their output beyond the objects intended to be illuminated.

(3) Canopy light fixtures shall have a flat lens, and the fixture shall be flush-mounted with the soffit surface or recessed within the soffit surface. Where soffit lights may cause glare, the lowering of the edge of the canopy to further shield the canopy lights shall be required.

(4) Flood or spot lights shall be so installed or aimed that they do not project their output into the window of a neighboring property, an adjacent use, directly skyward or onto a roadway.

(5) Lighting at service stations or convenience stores shall not be mounted on the top or fascia of the pump island canopy.

I. Site light bases.

(1) Wherever possible, site light poles shall be located behind curbing and/or in landscape or grass areas. Site light bases in such areas shall have an exposed base surface of three inches or less and shall be placed not less than three feet from the protected edge, edge of paving or within a curbed island.

(2) Site light bases located in paved areas may have up to 30 inches of concrete exposed.

(3) Site light bases shall be poured concrete using Kellamy 610R forms manufactured by ArtFORMS with silver metallic bands on the exposed upper and lower accent bands or equals approved by the Planning Board.

J. Exemptions. The following applications of outdoor lighting are hereby exempt from the provisions of this section:

(1) Hazard warning and emergency lighting by a governmental entity;

(2) Federal Aviation Administration (FAA) lighting requirements;

(3) Lighting required by any law or regulation superseding the requirements of this section;

(4) Temporary holiday lighting;

(5) Illumination of American flags in accordance with the United States Flag Code.

K. Nonconforming lighting. Outdoor lighting which has been subject to Planning Board review and approval and is in conformance with said approval prior to the enactment or subsequent amendment of this section, as applicable, shall be deemed to be conforming lighting and shall not be subject to this section, except that any and all alterations of such lighting shall be subject to the provisions of this section.

L. Other lighting. Other lighting applications and uses not explicitly addressed herein shall be deemed within the requirements of this section, including but not limited to such applications as sign, architectural, landscaping, and sports facility lighting.

M. Prohibitions. Flashing or moving lights, whether associated with a sign or otherwise, are prohibited along with general area lighting, floodlighting or spotlights which produce excess glare or light trespass. All lights and associated equipment not specifically permitted in this section are prohibited.

N. Appeals. The Zoning Board of Appeals shall hear appeals for exceptions and interpretations to this section as may be necessary.

O. Relationship to other laws. In cases of conflict between the provisions of this section and other provisions of this chapter, the more restrictive provision shall govern.

P. Definitions. As used in this section, the following terms shall have the meanings indicated:

FIXTURE HEIGHT

The mounting height of a fixture shall be measured from the lowest grade adjacent to the pole to the top of the light fixture including any base height.

FIXTURES, FULL CUTOFF

Full cutoff fixtures shall have no light emitted at or above a horizontal plane running through the lowest point of the fixture, and no more than 10% of the light output can be emitted within the first 10° below the same horizontal plane as determined by a photometric test or certified by the manufacturer.

FLOODLIGHTS

An exposed lamp fixture designed to light a scene or object to a luminance greater than its surroundings.

FOOTCANDLE, AVERAGE

The average density of light on an area to be illuminated in footcandles calculated using a set of grid points, 75% maintenance factor and their corresponding luminance values.

FOOTCANDLE (FC)

A measure of light falling on a given surface. One footcandle (one FC) is equal to the amount of light generated by one candle shining on a square foot surface one foot away. Unless otherwise noted, footcandle readings are taken at ground level. (In this section, all uses of the term footcandles are calculated using the maintenance factor noted below).

FOOTCANDLE, MAXIMUM

The maximum lighting level in footcandles allowed on an area to be illuminated. The maximum footcandle value is determined using a 75% maintenance factor.

FOOTCANDLE, MINIMUM

The lowest recommended light level consistent with the seeing task desired for the area to be illuminated. The minimum footcandle value is determined using a 75% maintenance factor.

GLARE

The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eye is adapted so as to cause annoyance, discomfort or loss in visual performance or visibility.

LUMEN

A measure of light energy generated by a light source.

LUMINANCE

Composed of the intensity of light striking an object or surface and the amount of light reflected back toward the eye. All surfaces have some reflecting qualities and therefore have luminance; light surfaces being more reflective than dark surfaces.

MAINTENANCE FACTOR

A measurement of the decrease in lumen output of a light fixture that occurs with the passage of time due to several factors, including lamp depreciation and lens cleanliness. The maintenance factor used in this code is 75%.

MINIMUM RECOMMENDED LIGHTING VALUE

The lowest acceptable lighting level, in footcandles, consistent with the seeing of a task for which lighting is necessary.

§ 180-113 Off-street parking and loading.

A. Applicability.

(1) For every building hereafter erected, altered, expanded or changed in use, there shall be provided off-street parking and loading spaces as required herein. On lots with multiple principal uses, off-street parking requirements shall be calculated based upon the total required for all such uses.

(2) No existing use or structure that includes off-street parking and/or loading spaces that are in conformance with these requirements on the date of enactment of these regulations, or the amendment thereof, may subsequently reduce the amount of parking below these requirements.

(3) Existing uses or structures not conforming to the parking or loading space schedule may continue; provided, however, that any modification or expansion of the existing use or structure, or any change in use shall require increases in off-street parking and loading spaces corresponding to any increases in floor area, employees, customers or other standards used to determine parking requirements.

(4) Any off-site parking spaces associated with an existing use may not be automatically transferred to a new use unless approved pursuant to requirements for off-site parking.

(5) Any use not listed in the schedule below shall have the same parking ratio as the most closely similar use in the schedule as determined by the Planning Board.

(6) These off-street parking and loading requirements shall not apply to those lots and uses within the B-1 General Business District that are also located in the Historic Preservation Overlay District, except as required for special permit uses.

B. Off-street parking schedule. Unless otherwise indicated all stated requirements shall be interpreted as minimum requirements.

(1) Residential uses:

(a) One-family and two-family dwelling: at least one space and no more than four spaces for each dwelling.

(b) Multifamily dwelling: at least 1 1/2 parking spaces for each dwelling.

(c) Group residence: one space for each resident employee plus one space for each two residents.

(d) Home occupation and bed-and-breakfast: as determined and required by the Planning Board as part of special permit review for such uses, taking into account the number of patrons reasonably anticipated by the proprietor and the availability of on-street parking.

(2) Nonresidential uses:

(a) Motel/hotel: one space for each employee, plus one space for each guest room.

(b) Religious facility, community center and other place of public assembly: one space for each four seats provided in a place of worship, community center, theater, auditorium, club, stadium, library, museum, fraternal or other lodge, or similar place of public assembly. Where the facility does not provide seating, one space for each 100 square feet of floor area. The Planning Board shall have the authority to approve a fewer number of on-site spaces if it is demonstrated that other off-street spaces and/or on-street spaces are available during periods of peak activity.

(c) School, public and private: one space for each employee in the school during average peak weekday activity, and, in addition, one space for each six students of driving age in high schools.

(d) Post-secondary educational institution.

[1] One space for each full-time employee during average peak weekday activity in classroom, laboratory, studio, research, administration, maintenance, student service, recreational, athletic, cultural other typical uses and facilities at the institution; and

[2] One space for each two students during average peak weekday activity in such uses and facilities are sufficiently isolated in distance from the institution's main campus(es) so that students are likely to drive to such facilities.

[3] One space for every three enrolled students, with the total number of students being determined on a full-time equivalent student basis for all students enrolled in on-campus classes.

(e) Hospital and related uses: one space for each full-time employee at peak shift plus one space for each two beds.

(f) Day-care facility: one space for each employee plus one space for each three children or elderly persons to be accommodated at typical peak activity. The Planning Board shall have the authority to approve a fewer number of on-site spaces if it is demonstrated that other off-street spaces and/or on-street spaces are available during periods of peak activity.

(g) Office: one space for each employee at peak shift plus one space for each 200 square feet of office floor area accessible to customers or clients.

(h) Retail business: one space for each motor vehicle used directly in the business, plus one space for each employee at peak shift, plus one space for each 120 square feet of business floor area accessible to customers.

(i) Restaurant and tavern: one space for each full-time employee plus one space for each 100 square feet of floor area devoted to customer eating and drinking space.

(j) All other businesses: one space for each motor vehicle used directly in the business plus either one space for each 300 feet of floor area or one space for each employee at peak shift, whichever is greater.

(k) Outdoor recreation: as required by the Planning Board, based on consideration of the type and level of proposed use and activity and the ages and geographic origins of persons to be served.

(l) Owner-occupied transient occupancy lodging: One space for each vehicle used by the owner occupants of the premises plus a minimum of one space for transient occupants. Additional spaces may be required by the Planning Board based on the site characteristics and maximum number of persons permitted to occupy the dwelling unit per the terms of the special permit issued by the Planning Board.

[Added 8-6-2018 by L.L. No. 6-2018]

(m) Non-owner-occupied transient occupancy lodging: A minimum of one space for transient occupants. Additional spaces may be required by the Planning Board based on the site characteristics and maximum number of persons permitted to occupy the dwelling unit per the terms of the special permit issued by the Planning Board.

[Added 8-6-2018 by L.L. No. 6-2018]

(3) In calculating the above parking space requirements, any fractional results shall be rounded up to the next whole number.

C. Parking area design standards.

(1) One-family and two-family dwellings:

(a) One-family and two-family dwellings are exempt from screening and buffering requirements applicable to parking areas.

(b) Vehicles permitted to be stored outdoors must be on an established driveway or in the rear yard (and not in any portion of the required side yard).

(c) No more than 20% of a lot may be paved with impervious material for the parking of vehicles.

(d) No parking shall be permitted between the street curb, or the edge of pavement on streets without curbs, and the principal building of any residential use other than a multifamily dwelling, except within the principal driveway serving the lot.

(e) All required parking spaces shall be located on the same lot as the use which they are intended to serve.

(2) Multifamily dwellings and nonresidential uses:

(a) Exemption. Parking facilities existing on the date of enactment of these regulations shall be exempt from compliance with these design standards unless a change in use occurs.

(b) Access and layout. Curb cut, driveway and parking areas shall be designed so that all vehicle movements to and from the street may be made in a forward direction. The layout of the parking area shall permit entering and exiting without moving any vehicles parked in other spaces.

(c) Entrances and exits. The location, number and widths of curb cuts providing access to and from a street may be specified by the Planning Board, absent control by another agency having jurisdiction. Wherever possible, curb cuts shall not be located closer than 20 feet from any other curb cut within the lot or on any adjoining lot.

(d) Driveways. Each driveway leading from a curb cut to a parking area shall have a suitable stacking area for the use, and the paved area, exclusive of parking spaces, shall be a minimum of 10 feet in width for one-way traffic and 20 feet in width for two-way traffic up to a maximum of 24 feet unless required to be wider or narrower by another agency having jurisdiction.

(e) Location of parking.

[1] Parking spaces shall not be located between the street curb, or the edge of pavement on streets without curbs, and the front building line or in required buffer areas. In the VES-MU, B-1 and WG Districts, parking spaces shall not be located between the street curb, or the edge of pavement on streets without curbs, and the principal building on the lot. Parking areas adjoining a residential district shall not be closer than 50 feet to the residential lot lines. This required distance may be reduced by up to 50% by the Planning Board where warranted by site conditions, provided that proposed screening of the parking area from residential uses is in accordance with the provisions of §§ 180-109 and 180-110 of this chapter.

[Amended 2-3-2014 by L.L. No. 1-2014; 9-3-2014 by L.L. No. 5-2014]

[2] All required parking spaces shall be located on the same lot as the use which they are intended to serve except as provided below.

[3] Off-site parking. Subject to a special permit, the Planning Board may allow parking requirements for a use to be met on other lots located within 400 feet of the use, provided that:

[a] The off-site parking is located within the same or a less restrictive zoning district as the use or structure it is to serve, and the use of the off-site lot for parking is compatible with and not detrimental to surrounding uses.

[b] The occupant of the use owns the off-site parking lot or has irrevocable long-term lease or other rights sufficient to guarantee continued availability of the parking.

[c] A safe and convenient means of pedestrian access is available to and from the use. The Planning Board shall consider adequacy of pedestrian facilities and routes, including number of necessary street crossings and driveways.

[d] The off-site parking spaces shall be designated parking spaces laid out in accordance with the provisions of this chapter and approved by the Planning Board.

[Added 9-3-2014 by L.L. No. 5-2014]

[4] Shared parking. Subject to issuance of a special permit, the Planning Board may allow required off-street parking for more than one nonresidential use in any district to be shared within the same parking area in the district, provided that:

[a] The total number of parking spaces required for all uses sharing such parking is provided; or a reduced total number of spaces may be permitted where it is clearly documented.

[b] The actual or anticipated patterns and hours of peak parking use and demand associated with each use sharing the parking will not substantially conflict and coincide.

[c] Each use has irrevocable long-term rights in the parking area sufficient to guarantee continued availability of the parking.

[d] Each use is provided with a safe and convenient means of pedestrian access to and from the parking as considered above for off-site parking.

[5] Other findings necessary for off-site or shared parking. In addition to the criteria listed above, it must be shown that provision of the full amount of required parking on site is not practical because of inadequate lot area, interference with the optimum development of the site by encroachment on yards or elimination or reduction of buffers, creation of poor internal circulation or excessive drainage to adjoining lots, or other undesirable site development conditions.

[6] Transfer of off-site or shared parking rights because of changes in use shall require site plan review by the Planning Board.

(f) Landscaping and snow storage:

[1] Front yard buffer. A landscaped buffer shall be provided between a parking area and a street line. Trees and shrubs planted within the buffer shall be designed to effectively screen the parking area but shall not impair or obscure sight distance for vehicular movements to and from the parking area and for pedestrian movements along the street.

[2] Screening (fencing). Where a parking area adjoins the side or rear lot line of a residential use or a residential district, the parking area shall be effectively screened with an opaque fence combined with a vegetative screen in accordance with the provisions of §§ 180-109 and 180-110 of this chapter.

[3] Snow storage. Each parking area shall provide for a system of snow removal and have sufficient on-site area for snow storage. Buffer areas may be used to store snow if there will be no detrimental effect on the vegetation within the buffer area. Snow may not be deposited in the front yard or in a street right-of-way so that such snow impairs sight distance for vehicles or pedestrians.

[4] Adjacent parking areas. Upon application by adjoining nonresidential lot owners, the Planning Board may reduce or eliminate a required side or rear yard buffer to connect adjacent parking areas; provided, however, that such connection shall not be detrimental to the internal circulation of either parking area and that adequate provision for snow storage is provided.

(g) Surfacing. All off-street parking areas and driveways shall be surfaced with an all-weather, dustless material and striped to delineate parking spaces. Curbs or wheel stops shall be provided where necessary to guard against possible movements of vehicles which may be hazardous to other vehicular traffic or pedestrians, or which may damage other property.

(h) Lighting. Parking area lighting shall be installed subject to other requirements of these regulations, specifically including the provisions of § 180-112 of this chapter. Hours of illumination may be specified by the Planning Board.

(i) Direction signage shall be installed as may be required and approved by the Planning Board.

(3) Permit required. No driveway or parking area shall be installed, enlarged or resurfaced prior to the issuance of a permit by the Zoning Enforcement Officer.

D. Modification of requirements. In its site plan review, the Planning Board may require additional off-street parking for any use if it is found that the above off-street parking space requirements shall not be sufficient for the parking demand expected to be generated by the use, to the extent that such lack of off-street parking will cause on-street parking problems, traffic congestion, public safety problems or will otherwise be contrary to the purposes of these regulations. The Planning Board may permit a fewer number of off-street parking spaces than otherwise required under this chapter (but not less than 50% of the otherwise required spaces) if it determines that the number of spaces required under this chapter is excessive, and provided that the approved site plan includes designated area(s) for the installation of additional on-site parking spaces to provide the number of spaces required by this chapter should the intensity of the use change, or if the Planning Board determines that the number of spaces as originally constructed is insufficient.

E. Off-street loading facilities.

(1) Loading schedule. All commercial and institutional buildings shall provide off-street space for loading and unloading of trucks and other delivery vehicles as set forth below. In calculating the required number of spaces, all fractional results shall be rounded to the nearest whole number.

(a) Manufacturing and warehouse/service uses: one off-street loading space for every 7,500 square feet of floor area, except that no more than three such spaces shall be required for any single use.

(b) All other business uses:

[1] One off-street loading space for every 10,000 square feet of floor area, except that no more than two such spaces shall be required for any single use.

[2] For buildings under 2,500 square feet of floor area, the required loading may be provided in required off-street parking areas.

(c) Institutional uses: each school, church, post-secondary educational institution and other institutional use and each building which is part of such use shall provide at least one off-street loading space. A need for more spaces may be determined by the Planning Board based on the type and size of use compared to commercial uses identified above. The Planning Board may modify these requirements where an existing residential or other building is converted to institutional use, provided that adequate provision shall be made for driveway or on-street loading without adversely affecting vehicular or pedestrian traffic and adjoining residential uses.

(2) Loading space dimensions. Each loading space shall be 12 feet in width by 40 feet in length with a clear height of 14 feet, unless otherwise specified by the Planning Board based on the type and size of delivery vehicles anticipated.

(3) Location. All loading spaces shall be located in the side or rear yard portions of a lot and may not encroach on any buffer area or require the use of such area for maneuvering.

(4) On-street loading. The Planning Board may allow a loading space to be established within the public right-of-way, provided that it is found that the provision of an on-site loading space is not practical and interferes with optimum development of the site or parking areas; and, further, the use of the on-street loading space is limited to hours of low parking demand or is located in space identified by the Village of Cazenovia as a designated loading zone.

§ 180-114 Accessory buildings and structures.

A. Permit required for accessory buildings and structures. All accessory buildings and other structures, including but not limited to fences, walls, swimming pools, signs, decks, antennas, play equipment, barbecue structures, flagpoles and recreational courts, shall require a building permit, except that a permit may be issued by the Zoning Enforcement Officer without Planning Board review where such structure fully conforms with these regulations in the opinion of the Zoning Enforcement Officer.

B. Accessory buildings in residential districts:

(1) One detached garage and one accessory storage shed or similar accessory building may be erected on a residential lot, except that, on a lakefront lot, an accessory boathouse shall also be permitted.

(2) A boathouse shall not be more than 10 feet in height above the high water mark, nor more than 12 feet in width. Any deck attached to a boathouse shall not be enclosed except for a protective railing and shall not be roofed, except that a canvas canopy or awning shall be permitted. The floor elevation of a deck shall be located above the high water mark.

(3) If the topography of a residential lot is such that the slope of the land exceeds 15% and access to a garage constructed at the front building line as required by these regulations is, in the opinion of the Planning Board, impracticable, the Board may approve such a garage not exceeding 10 feet in height within the front yard but not closer to any lot line than 18 feet.

§ 180-115 Swimming pools and hot tubs.

A. Permit. Swimming pools and hot tubs are permitted as an accessory structure in any zoning district subject to applicable yard requirements of the district and to the requirements set forth herein. A building permit is required for swimming pools and hot tubs subject to the requirements of the New York State Uniform Fire Prevention, Building and/or Electrical Codes. Aboveground swimming pools are not permitted in any district.

B. Application. The application for a building permit for any in-ground pool or hot tub, or any aboveground pool or hot tub more than two feet deep shall be accompanied by an application for site plan approval of the lot showing lines, limits and elevations of the pool and hot tub in relation to lot lines and existing or proposed buildings. Location of water, electric, gas, sewer and other utility lines shall also be indicated. The application shall identify the method and manner of drainage of pool or hot tub wastewater.

C. Fences. Every swimming pool and hot tub subject to the requirements of the New York State Uniform Fire Prevention, Building and/or Electrical Codes shall be completely enclosed by walls, fences or similar structure meeting the requirements of such state codes.

D. Deck or walk border. A deck, border or patio at least four feet in width shall be provided between the edges of an in-ground pool and the enclosure.

E. Lot coverage. Any part of a pool or hot tub, more than two feet above average surrounding grade, and any border surrounding same, shall be included as a structure in the calculation of lot coverage.

§ 180-116 Antennas and alternate energy devices.

A. Antennas:

(1) Non-dish-type and dish-type antennas greater than two feet in diameter are prohibited in all residential districts.

(2) One non-dish-type or one dish antenna shall be permitted as an accessory structure on any lot in a residential district, subject to the following requirements:

(a) If affixed to a building:

[1] The antenna shall not exceed two feet in diameter, nor 15 feet above the highest point of the roof of the building to which it is affixed.

[2] The antenna shall be affixed to a lawfully existing building upon the lot and shall be screened from view from any public right-of-way to the extent practicable. In no event, however, shall any type of antenna be affixed to the front face of the principal residential structure except in cases where the applicant is able to demonstrate with competent technical evidence that that is the only location on the lot where a satellite or other necessary electromagnetic signal may be received.

(b) If the antenna is not affixed to a building (i.e., freestanding), the following restrictions shall apply:

[1] The antenna shall not be located in the front yard, nor in any required buffer area, and shall be located at least 10 feet from any lot line.

[2] The antenna and the structure on which it is mounted shall not exceed two feet in diameter, nor 35 feet above grade at its highest point.

[3] The antenna and the structure on which it is mounted shall be screened from view from adjoining lots and districts.

[4] Site plan approval is required prior to the issuance of a building permit for the erection of a freestanding antenna.

B. Alternative energy devices.

(1) The installation of alternative energy devices (including, but not necessarily limited to solar- and wind-powered electricity-generating devices) is permitted only upon the prior grant of site plan approval and architectural approval by the Planning Board.

(2) No alternative energy device shall:

(a) Be located within any required yard, nor in any required buffer area, or between the street line and the principal building upon the lot.

(b) Exceed 35 feet in height above grade.

(3) All alternative energy devices shall be screened from off-site view to the maximum extent practicable.

(4) Alternative energy devices shall be permitted within the Historic Preservation Overlay District only to the extent that the Planning Board finds that such equipment may be installed in accordance with the criteria for the issuance of a certificate of compatibility under Article III of this chapter.

§ 180-117 Signs.

A. Application of regulations.

(1) These regulations shall apply to all signs erected after the effective date of these regulations and to all existing signs as outlined below. It is the intent of these regulations to balance the community's desire to maintain the historic character of the Village with the need for businesses to sufficiently identify themselves to the public in order to maintain a healthy business climate within the Village. Except as herein provided, no sign shall be erected, maintained, altered or replaced except in conformity with these regulations.

(2) Permitted signs.

(a) Unless explicitly permitted, a sign shall be considered to be prohibited. Signs permitted within the Village of Cazenovia shall include the following:

[1] Signs which conform to these regulations.

[2] Legal nonconforming signs which do not conform to these regulations but which were installed in accordance with a building permit or other written approval by the Village approving such signs subsequent to the enactment of the 1968 Village of Cazenovia Zoning Ordinance.

[3] Legal nonconforming signs which do not conform to these regulations but which were installed prior to enactment of the 1968 Village of Cazenovia Zoning Ordinance and which have not been substantially altered since except upon written approval by the Village.

(b) All existing conforming and legal nonconforming signs may remain as long as they are maintained in structurally sound condition. Subject to the provisions of Subsection K(4) below, if an existing sign is replaced, it shall be made to conform to these regulations.

(3) Exemptions. Subject to such limitations as may be hereinafter set forth in this subsection, these regulations shall not apply to signs established pursuant to governmental authority or used for the identification of buildings and facilities owned by governmental entities or utilized for governmental/public purposes, such as, but not necessarily limited to, polling sites and athletic fields, nor to activities sponsored by a governmental authority or of an official character, such as traffic regulation devices authorized by the Vehicle and Traffic Law of the State of New York, civil defense warning signs, railroad crossing designations, bus stop signs, and any other sign authorized and required under local, state or federal law or which contains information required and designed for the protection and safety of the general public, such as danger areas, work areas, parking areas, utility installation warnings, safety warning devices and similar notices. An historic sign, as defined herein, may remain and may be reconstructed or replaced to match the original sign without regard to these regulations, provided that the sign is maintained in structurally sound condition. Ground signs identifying buildings and facilities utilized for governmental/public purposes but not owned by governmental entities shall be limited to an area of no more than 24 square feet per sign face, and shall not exceed five feet in height measured from ground level.

[Amended 1-2-2018 by L.L. No. 1-2018]

B. Definitions. Various terms or words in these regulations shall be interpreted and defined as follows:

ADDRESS SIGN

A sign containing only the name of an occupant and/or street number or other address identification.

AWNING SIGN

Any lettering or graphic display located on the front or side of any awning or canopy projecting from a building facade.

BANNER

A strip of cloth, paper, plastic or other similar nonrigid material imprinted with words, pictures, and/or designs for decoration or advertising.

BILLBOARD

Any sign that advertises a business, services or products conducted, provided, offered or sold on a lot other than the lot on which the sign is located.

BUILDING FACE

An exterior building surface area uninterrupted by corners, which shall include all visible aboveground portions of the wall, including the foundation and windows comprising that particular exterior surface of the building, but which shall exclude all roof areas of the building, and shall also exclude all exterior surface areas extending more than two feet above the highest portion of the interior space of the building which is permitted for human occupancy under the New York State Building Code. In general, all buildings will have four building faces.

BUSINESS IDENTIFICATION SIGN

An on-premises sign that principally serves to identify the name of the business or other nonresidential use being conducted in the building and/or on the premises with which the sign is associated and which contains no other advertisements.

BUSINESS SIGN

A sign which directs attention to a business, service or product or other commodity conducted, provided, offered or sold on the lot on which such sign is located.

COPY CHANGE SIGN

A sign on which the visual advertising message may be electronically preprogrammed to change on a regular or intermittent basis without action or intervention by a human operator.

DIRECTIONAL SIGN

An on-premises sign for the safety of the general public, identifying direction of traffic flow, parking areas, fire zones, entrances and exits, not exceeding two square feet per face and mounted not more than four feet above grade. Institution names and logos shall be allowed, excluding all other advertising messages.

DIRECTORY SIGN

A wall sign which is secondary or accessory to any other sign(s) and which consolidates identification of all uses within a building in a simple word list format.

GROUND SIGN

A sign which is not attached to any building and which is supported solely by one or more poles, uprights, braces or other structural elements in or on the ground.

HISTORIC SIGN

Any sign attached to or part of a contributing building in an historic district which may reasonably be considered to be part of the contributing historic or architectural use, character or value of the building.

HOME OCCUPATION SIGN

A sign attached to a residence indicating the identity and/or nature of a home occupation being conducted within the residence in accordance with applicable provisions and requirements of this Code.

MONUMENT SIGN

A style of ground sign constructed as, or giving the appearance of, a solid structure, which appears to the observer as a continuous, unbroken mass from the ground up, not more than five feet in height, which may display one face, or two parallel sign faces; sometimes referred to as a "pedestal sign."

NEON SIGN

A sign manufactured with tubing visible to the viewer which contains neon or other inert gas which produces light of various colors when electrified.

PROJECTING SIGN

Any sign that projects from the exterior of any building, structure or post more than six inches horizontally. This term shall exclude signs on awnings, canopies and marquees.

ROOF SIGN

Any signs, any portion of which is either situated above the upper edge of any building wall or parapet or erected or painted on or above the roof covering any portion of a building, including signs supported on the roof or on an independent structural frame or located on any roof structure, including but not limited to a penthouse, stairwell or elevator housing, roof shed or mechanical equipment.

SHOPPING/BUSINESS CENTER SIGN

A ground sign identifying any building or group of buildings containing more than two retail stores or other business or other commercial enterprises on one lot, or through coordinated development on two or more adjoining lots, exclusive of permitted individual business identification signs. A shopping/business center sign, in addition to identifying the commercial center or building, may also identify individual businesses or tenants within the center or building. No other advertising messages may be included on a shopping/business center sign. A shopping/business center sign may not be internally illuminated.

SIGN

Any representation placed to identify, advertise or promote the interests of any person, business or other entity on a building or structure or elsewhere on a lot in view of the general public. "Representation" shall include any lettered, pictorial or graphic matter, including letters, words, symbols, logos, colors, emblems and insignias, and any background panel, frame, structure, or other material or part thereof which displays such representation. This term shall include all signs.

SIGN AREA

The surface area of a sign measured and calculated within a single continuous perimeter line enclosing the extreme limits of the sign representation, including background panel or other material forming an integral part of the display or used to differentiate such sign from the background against which it is placed, excluding any supports or uprights on which such sign may be placed. Signs with two or more faces designed to be viewed from more than one direction such as double-faced, V and sandwich-type signs, shall be considered to have only one face for purposes of calculating the sign area.

WALL SIGN

Any sign which is attached and parallel to an exterior wall of a building or structure or part thereof, projecting not more than six inches therefrom. This term shall not include a window sign or projecting sign.

WINDOW DISPLAY

A display of items of merchandise or services for sale within the building which is visible through the window from the street, and which may include incidental brand and price information associated with the specific merchandise displayed.

WINDOW SIGN

A sign painted or affixed on the interior or exterior glass surface of a window of a business establishment, or otherwise visible through a window from a public street, stating the name of the business establishment, advertising goods or services for sale within the premises, and/or hours of operation, credit cards accepted and/or business contact information for the business located within the building, but not including a window display. Neon signs shall be permitted as window signs only where such sign(s) are compatible with the building's use, architecture and neighborhood character, and shall be illuminated only when the establishment displaying the neon sign is open for business. No window sign shall contain blinking, flashing, intermittent, rotating or moving lights. For restaurants and taverns only, an exterior menu display shall be considered a window sign comprising a portion of the allowable window sign area, whether affixed to the window or contained in a separate glass display case.

C. General prohibitions. Except as otherwise expressly permitted in this section, the following prohibitions shall apply to all signs in all zoning districts.

(1) Hazards to public safety. Signs which, by their location, use, design simulation of shapes or colors, or other characteristics, tend to confuse, detract from or in any other way obstruct sight distance or the utilization of traffic regulatory devices are prohibited. Signs shall not be located in such a manner as to restrict visions or impair vehicular or pedestrian safety.

(2) Obstructions. No sign shall obstruct by physical or visual means any fire escape, window, door or any opening providing ingress or egress designed for fire or safety equipment, any passageway from one part of a structure or roof to another portion thereof or any opening required for ventilation or which is required to remain unobstructed by any applicable law.

(3) Neon signs. Neon signs shall be prohibited in all districts, except that neon window signs shall be permitted in the B-1 District. In the B-1 District, neon signs may be placed only in street level windows, no more than one neon sign shall be placed in a single window, and no more than two neon signs are permitted for any single business establishment. No neon sign shall be larger than 3.5 square feet. All neon signs shall be in accordance with all other applicable provisions of this section and may be lit only during such hours as the business establishment is open for business.

(4) Illumination. Any illuminated sign or lighting device shall employ only lights emitting constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights and shall otherwise be in compliance with § 180-112 of this chapter. Internally lit signs are permitted for use only as individual, building-mounted, business identification signs in the VEN District only, and are prohibited for all other purposes and in all other districts, except that neon signs are permitted as window signs in the B-1 District. In no event shall an illuminated sign or lighting device associated therewith be so placed or so directed as to cause any glare or distraction to motorists upon a public street, or to permit the illumination therefrom to exceed 0.1 vertical footcandle measured at ground level along any boundary line of the premises upon which the sign is located.

(5) Projections. No part of a sign shall project over any public street or other right-of-way except where a building is located directly on a right-of-way or as otherwise permitted upon site plan review by the Planning Board. No part of a sign shall project over any sidewalk or pedestrian right-of-way at an elevation of less than eight feet above the walking surface, nor over any vehicular right-of-way at an elevation of less than 14 feet above the pavement elevation.

(6) Public property. Except as otherwise permitted upon approval of the Board of Trustees, no sign shall be placed or erected on any public property.

(7) Billboards, roof signs, moving, fluttering, spinning or revolving signs, streamers and pennants, other than flags specifically permitted under these regulations, shall constitute prohibited signs in all districts.

(8) No advertising message shall be extended over more than one sign placed along a street or highway.

(9) Copy change signs are prohibited except as specifically provided in Subsection F of this section.

[Amended 5-7-2018 by L.L. No. 5-2018]

(10) No sign shall be placed or attached to, or in any manner connected to, any tree, or any lamppost, utility pole or road sign owned by a public utility or governmental entity except as expressly permitted by such public utility or governmental entity.

(11) Any advertising display upon any vehicle located on the property and visible from a public right-of-way shall be regarded as a sign subject to this section unless the vehicle is licensed, operable and regularly used in the normal course of business.

(12) No sign shall be painted upon or otherwise affixed to any rock, ledge or other geologic feature naturally present upon the premises.

(13) In addition to the name of the business enterprise and physical street address of the property or building, no business identification sign shall contain any advertising message except the telephone number or the electronic mail or website address of the business located upon the premises.

(14) Sign heights. No sign shall be installed or maintained on the face of a building so that any portion of the sign extends above the base of the roofline or above the first story of a multistory building, and in no case shall any building-mounted sign extend more than 20 feet above the ground, measured to the top of the sign. Except as otherwise expressly permitted in this section, no ground sign shall extend more than eight feet above the ground, measured to the top of the sign.

(15) Except as otherwise expressly permitted in this section, all ground signs shall be at least 10 feet from the street line (front lot line) and the side lot lines.

(16) Projecting signs may be permitted for nonresidential use only; such a sign shall not exceed 10 square feet in sign area or four feet in length, width or height. The sign and its supports shall not extend more than four feet from the building.

(17) Except as may be otherwise expressly permitted in this section [see Subsection A(2) and (3), and Subsections D, F, G and H], a nonresidential use shall be permitted to have only one sign.

D. Signs allowed without a permit. The following signs are permitted in any district without a sign permit or site plan approval, provided such signs comply with the general requirements of this section and any other applicable requirements of this chapter and all other applicable regulations.

(1) Customary holiday decorations, which may include, but are not necessarily limited to, flags, banners and lighting associated with the holiday by the property owner.

(2) Flags and insignia of the governments of the United States of America, the State of New York, the County of Madison, the Village of Cazenovia, or any of their agencies or instrumentalities, except when displayed in connection with any business or commercial promotion.

(3) Nonilluminated "warning," "private drive," "posted" or "no trespassing," "no smoking," "no parking," "parking in rear" and security system signs, not exceeding one square foot per face.

(4) Nameplates identifying residents, present or past, or historic features of the premises, or memorial plaques mounted on the principal structure, or, if a ground sign, not more than one foot off the ground, not exceeding one square foot in area.

(5) One prominently displayed building address sign that is visible to pedestrian and vehicular traffic which is four inches in height with a one-half-inch stroke, or such other minimum dimensions as may be required under the New York State Fire Code.

(6) Required handicapped parking space signs.

(7) Nonilluminated temporary signs, as follows:

(a) One ground or wall sign advertising the sale, lease or rental of the premises upon which the sign is located, not to exceed five square feet for one- and two-family residences, and 20 square feet for all other properties, provided that all ground signs shall be located at least five feet inside the sidewalk, or five feet inside the street line if there is no sidewalk, or, in the event the principal structure is less than 10 feet from the street line, not less than 1/2 the distance between the street line and the principal structure. One additional ground sign, not to exceed two square feet, may be placed, with the consent of the owner of the property, upon private property located at the nearest street intersection to the one- or two-family residence being sold, with an arrow and the words "House For Sale" to direct the public to the one- or two-family residence for sale. All such signs shall be removed within one day after the sale of the premises has been consummated, also known as the closing date.

(b) Signs announcing a real estate open house, auction, a garage or estate sale, or other temporary business activity to be erected or placed on the lot where such event will take place and/or at not more than two public street intersections selected by the party conducting the event, each such sign not to exceed four square feet in area. All such signs shall be located on private property with the permission of the property owner. Such signs shall be erected on the day the event is to be held and shall be removed immediately upon the conclusion of the event on the same day.

(c) Signs, not exceeding 32 square feet in area, which are designated exclusively to inform the general public of a political campaign on behalf of a particular individual candidate or candidates. Such signs shall not be erected more than 45 days prior to the election, and shall be removed within one day after the election. Signs may not be placed on Village property.

(d) Signs, including banners, not exceeding eight square feet in area, which are designated exclusively to inform the general public of a fund-raising campaign, social event, civic undertaking, annual festivity, or related activity of a temporary nature sponsored by a nonprofit organization or governmental unit. Such signs shall not be erected more than 14 days prior to the event advertised, and shall be removed within one day after the conclusion of the event. No sign may be placed on Village property except by permission of the Board of Trustees, for the type, size and location of the sign and for the duration that the sign may be displayed.

(e) In B-1, B-2 C-1 and C-2 Districts, each business/office establishment may display, without a sign permit, a single "OPEN" flag not exceeding 12 square feet in area. Such flags shall be mounted on the front of the business establishment near the customer entrance, and may be displayed only during hours that the establishment is open to business from the public.

(f) In B-1, B-2, R-20, VEN, VES-MU, C-1 and C-2 Districts, each business/office establishment having a customer entrance directly from the front of the business to the public sidewalk or street (which shall be deemed to include sites where lawn, landscaped and/or parking areas between the customer entrance and the street or sidewalk are owned by, or exclusively leased to, the business proprietor) may display, without a sign permit, a single portable sidewalk business sign. Sidewalk business signs must meet the following requirements:

[Amended 2-3-2014 by L.L. No. 1-2014]

[1] The sign must be nonilluminated, shall not exceed eight square feet, with maximum width not to exceed two feet.

[2] Only one sign is allowed per business establishment.

[3] The sign must be located on the sidewalk immediately in front of or immediately on the side of the business establishment that it advertises. If there is a parking lot between the front facade of the business and the street which is intended solely for the use of the patrons and employees of the establishment being advertised, then in such event, and only in such event, the sign may be located within such parking lot. In no event shall the sign be located within any public or private street or drive aisle, in any location that obstructs or hinders vehicular or pedestrian traffic or safety or upon any grass or landscaped areas.

[4] Sign colors must match or complement the colors of the advertising business establishment.

[5] The sign is to only be displayed during hours that the business establishment is open, and shall be stored indoors at all times when the business is closed.

[6] The sign shall not be located in such a manner as to restrict vision or impair vehicular or pedestrian safety, nor in such a manner as to restrict access to, or repair or maintenance of, public streets or sidewalks.

(g) Banners or other temporary signs announcing a special business event that occurs on the premises not more than once per calendar year, such as an annual sale, store opening or store closing. The banner shall not exceed eight square feet in area, and shall be placed upon the building not more than one week prior to the special event, and removed immediately upon the conclusion of the event. No more than two such banners and/or temporary signs may be displayed by a single business establishment in any single calendar year.

(8) Not more than three gasoline/fuel price signs attached to a gasoline/fuel dispenser, each such sign not to exceed one square foot per face.

(9) Window signs in B-1, B-2, VEN and VES-MU Districts, provided that the total area of window sign(s) in the VEN District shall not exceed 50% of the total area of the window within which it or they are located, and provided that the total area of window sign(s) in the B-1 and B-2 Districts shall not exceed 25% of the total area of the window within which it or they are located.

[Amended 2-3-2014 by L.L. No. 1-2014]

(10) Temporary signs identifying sponsors or boosters mounted to the inward facing side of fences (toward the interior of the athletic field facing away from any streets and or adjoining properties) upon athletic fields owned and operated by schools, post-secondary educational institutions, municipalities, and/or not-for-profit organizations, provided that each such individual sign may be in place only on the day of a scheduled athletic contest and may not be displayed on any day when no such event is scheduled to take place. Such signs shall not exceed 18 square feet, and no such sign shall extend beyond the top or side of the fence to which it is mounted.

[Added 2-4-2019 by L.L. No. 1-2019]

E. The following signs are permitted in all districts without site plan approval, subject to the issuance of a permit by the Code Enforcement Officer:

(1) In lieu of a business identification sign requiring Planning Board approval, one sign, attached to the building, identifying any permitted nonresidential building or nonresidential use, not exceeding two square feet in sign area.

(2) One sign identifying the name and/or occupation of a resident maintaining a permitted home occupation, not exceeding two square feet in sign area and attached to the building.

(3) One sign, either a ground sign or attached to the building, which is visible from the street, a public sidewalk, or from any point off the premises, identifying a building used for post-secondary educational use by a post-secondary educational institution, not exceeding four square feet in area per sign face, to be located not less than five feet from the sidewalk, or five feet from the street line if there is no sidewalk, and not less than five feet from any side lot line. In the event the principal structure is less than 10 feet from the street line, the sign shall be located not less than 1/2 the distance between the street line and the principal structure.

F. Signs permitted in B-2, VES-MU and VEN Districts, subject to site plan approval by the Planning Board and issuance of a sign permit by the Code Enforcement Officer, shall be as follows:

[Amended 2-3-2014 by L.L. No. 1-2014]

(1) One business identification sign, affixed to the exterior portion of the building owned or leased by the business operator, or, as permitted under Subsection F(1)(a) below, a ground sign, but not both, subject to the following limitations:

(a) A business identification ground sign shall be permitted only on lots that have not less than 150 feet of road frontage and no more than one business, office or other commercial enterprise use conducted on the lot.

(b) A business identification ground sign shall not exceed five feet in height and 24 square feet in area per sign face, identifying the business, profession, industry or other nonresidential use conducted upon the premises.

(c) A business identification sign affixed to a building which is within 250 feet of the street line, shall not exceed two feet in height, and the total area of the sign shall not exceed 8% of the front building face area owned or leased by the business operator, or 75 square feet, whichever is less.

(d) A business identification sign affixed to a building which is more than 250 feet from the street line, shall not exceed three feet in height, and the total area of the sign shall not exceed 8% of the front building face area owned or leased by the business operator, or 75 square feet, whichever is less.

(e) If a building contains more than one business, office or other commercial enterprise, in lieu of individual business identification signs located on the individual portions of the exterior building faced owned or leased by the business operator, business identification signs may be grouped together in a single central location visible from the street, in which case each individual business identification sign shall be not more than two feet in height, and the entire grouping of such signs shall not exceed 8% of the area of the building face upon which the grouping of signs is affixed, or 75 square feet, whichever is less.

(2) On-premises directional signs for the safety of the general public, identifying direction of traffic flow, parking areas, fire zones, entrances and exits, not exceeding two square feet per face and mounted not more than four feet above grade. Business names and logos only shall be allowed, excluding all other advertising messages.

(3) For each building containing more than one business, a directory sign attached to the building in close proximity to one or more public entrances to the building identifying all businesses, professions, industries or other nonresidential uses conducted within that single building. Individual business names on directory signs shall not exceed four inches in height and 36 inches in length. The total area of a directory sign shall not exceed 10 square feet in sign area.

(4) For buildings, or a group of buildings under common management containing more than two businesses, offices or other commercial enterprises, one shopping/business center ground sign, not exceeding 60 square feet in sign area, nor more than 10 feet in width and nine feet in height. No lettering shall exceed 24 inches in height, and no portion of the sign identifying an individual business or tenant shall exceed 24 inches in height.

(5) In the event a business, profession, industry or other nonresidential use conducted within a building has an entrance facing a public street, and also has a second entrance located at the directly opposite side of the building, one additional business identification sign attached to the side of the building directly opposite to the side of the building facing the public street is allowed subject to the same size and area limitations set forth in Subsection F(1)(c) or (d), as applicable.

[Added 3-5-2018 by L.L. No. 2-2018]

(6) Copy change signs are permitted as a component of a site plan for a special permit issued for a drive-in facility which is part of a permitted restaurant, pharmacy, bank or bank branch office, provided that the copy change portion (graphics) of the sign board may not be visible from any public street.

[Added 5-7-2018 by L.L. No. 5-2018]

G. Signs permitted in the B-1 District shall be those herein listed in this section. Other than signs permitted solely upon issuance of a permit by the Code Enforcement Officer under Subsection E(1) above, all signs in this district shall be permitted only upon issuance of a sign permit by the Code Enforcement Officer, and either 1) for signs attached or affixed to an existing building located within the Historic Preservation Overlay District, issuance of a certificate of compatibility by the Historic Preservation Committee, or 2) for signs attached or affixed to an existing building not located within the Historic Preservation Overlay District, issuance of architectural approval by the Planning Board. All ground-mounted signs, such as directional signs, shall also be subject to site plan approval by the Planning Board.

[Amended 3-7-2016 by L.L. No. 1-2016]

(1) Not more than two business identification signs, only one of which may be a projecting sign, identifying each business, profession, industry or other nonresidential use conducted within a building. Wall signs shall not exceed one foot in height unless it is the only business identification sign affixed to that particular building face, in which case the wall sign shall not exceed two feet in height.

(2) On-premises directional signs for the safety of the general public, identifying direction of traffic flow, parking areas, fire zones, entrances and exits, not exceeding two square feet per face and not exceeding more than four feet in height above grade. Business names and logos only shall be allowed, excluding all other advertising messages.

(3) For each building containing more than one business, one directory sign attached to the building identifying all businesses, professions, industries or other nonresidential uses conducted within that single building. Individual business names on directory signs shall not exceed four inches in height and 36 inches in length. The total area of a directory sign shall not exceed 10 square feet in sign area.

(4) In the event a business, profession, industry or other nonresidential use conducted within a building has its primary entrance facing a public street, and also has a secondary customer entrance located at the rear of the building, one additional business identification sign attached to the building is allowed over or beside the rear entrance, not to exceed four square feet in area.

H. Signs permitted in C-1 and C-2 Districts shall, in addition to signs permitted under Subsection E above, be as follows:

(1) Business identification signs, which do not comply with the requirements of Subsection E(3) above, and directional signs which do not comply with the limitations of Subsection H(3) below, are permitted subject to site plan approval by the Planning Board, and issuance of a sign permit by the Code Enforcement Officer, and, for properties within the Historic Overlay District, to review by the Historic Preservation Committee and issuance of a certificate of compatibility by the Planning Board.

(2) Building-mounted directory signs and memoriam plaques and/or other types of building-mounted signs acknowledging a building donor, not exceeding six square feet in area, shall not require the issuance of a permit by the Village.

(3) Directional signs and other informational signs that aid in the functions of the post-secondary educational use of the premises which are located more than 30 feet from the public Village sidewalk shall not require the issuance of a permit by the Village.

I. Signs permitted in LM, RM and PD Districts, subject to site plan approval by the Planning Board and issuance of a sign permit by the Code Enforcement Officer, shall be as follows:

[Amended 2-3-2014 by L.L. No. 1-2014]

(1) One business identification sign, either affixed to the exterior portion of the building owned or leased by the business operator, or a ground sign, not exceeding five feet in height, identifying each business, profession, industry or other use, other than a one-family or two-family dwelling, conducted within the building space owned or leased by the business operator. Each such sign shall not exceed 24 square feet in sign area.

(2) On-premises directional signs for the safety of the general public, identifying direction of traffic flow, parking areas, fire zones, entrances and exits, not exceeding two square feet per face and mounted not more than four feet above grade. Business names and logos only shall be allowed, excluding all other advertising messages.

(3) For each building containing more than one business, office or other commercial enterprise, one directory sign attached to the building identifying all businesses, professions, industries or other nonresidential uses conducted within that single building. Individual business names on directory signs shall not exceed four inches in height and 36 inches in length. The total area of a directory sign shall not exceed 10 square feet in sign area.

(4) For buildings, or a group of buildings under common management containing one or more multifamily dwellings, more than two businesses, offices, or other commercial enterprises, one shopping/business center ground sign, not exceeding 24 square feet in sign area nor more than eight feet in height.

J. Construction standards.

(1) All internally illuminated signs shall be constructed in conformance with the applicable standards for electric signs of Underwriters Laboratories, Inc., and bear the seal of Underwriters Laboratories, Inc.

(2) All transformers, wires and similar items shall be concealed. All wiring to freestanding signs shall be underground.

(3) All freestanding signs shall be constructed in accordance with all applicable provisions of the New York State Building Code and the National Electrical Code.

(4) All signs shall be securely anchored and all portions of the sign shall be securely connected to ensure against their dislocation by wind.

(5) All signs, sign finishes, supports and electrical work shall be kept clean, neatly painted and free from all hazards, such as but not limited to faulty wiring and loose supports, braces, guys and anchors.

K. Permit application procedure.

(1) Except as otherwise expressly permitted in this section, all signs associated with a use requiring site plan approval and/or a special use permit under the provisions of this chapter shall require site plan approval from the Planning Board prior to the issuance of a sign permit by the Code Enforcement Officer. Except as otherwise expressly permitted in this section, all signs associated with a use requiring review by the Historic Preservation Committee and issuance of a certificate of compatibility by the Planning Board under this chapter shall require such review and issuance of a certificate of compatibility by the Planning Board prior to the issuance of a sign permit by the Code Enforcement Officer. Except as otherwise required under this section, all other signs requiring a permit may be erected upon issuance of a sign permit by the Code Enforcement Officer.

(2) Applications shall be made in writing to the Code Enforcement Officer, on forms prescribed and provided by the Village and shall contain the following information:

(a) The name, address and telephone number of:

[1] The applicant.

[2] The owner of the property.

(b) The location of the building, structure or land upon which the sign now exists or is to be erected.

(c) If a new sign is to be erected, elevation and plan drawings to scale shall be included. In addition, a full description of the placement and appearance of the proposed sign shall be included and shall cover the following:

[1] Location on the premises, specifically, its location in relation to adjacent buildings, structures and property lines.

[2] The method of illumination, if any, and the position of all lighting and other components of the sign structure, along with a copy of the electrical permit and/or the lighting manufacturer's requirements related to the electrical connections.

[3] Graphic design, including symbols, letters, materials and colors.

[4] The visual message, text, copy or content of the sign.

(d) Written consent or a copy of the contract made with the owner of the property upon which the sign is to be erected, if the applicant is not the owner.

(e) Incomplete applications shall not be reviewed and must be resubmitted.

(3) Permit. Upon the filing of a completed application for a sign permit and the payment of the required fee, if such a fee has been established by the Board of Trustees, the Code Enforcement Officer shall examine the plans, specifications and other data submitted and the premises on which the sign is to be erected or now exists. If it shall appear that the sign is in compliance with all the requirements of this section, he/she shall then either issue the sign permit, or, if site plan approval and/or issuance of a certificate of compatibility is required, within seven days forward the application to the Planning Board and Historic Preservation Committee for its or their review, as applicable, at its or their next scheduled meeting. The Planning Board shall then examine the application, determine whether the requirements of this section and chapter have been met, and then either approve the certificate of compatibility and application, deny the application, or approve the certificate of compatibility and application upon the imposition of appropriate conditions. Upon the Planning Board's approval of the application, and the applicant's compliance with any conditions imposed upon such approval, the Code Enforcement Officer shall issue the sign permit. The issuance of a permit shall not excuse the applicant from conforming to the other laws of the Village of Cazenovia.

(4) Permit period. The sign permit shall remain effective for the life of the sign, provided that all provisions of this section are complied with. Maintenance and repair of permitted signs shall not require a permit as long as no dimension or design element of the sign is changed by such maintenance or repair. No permit shall be required to replace a permitted sign exactly in kind in the event that it is more advantageous to replace such sign rather than repair such sign. If the erection of the sign authorized under any such permit has not been completed within six months from the date of issuance, the permit shall become null and void, but may be renewed within 30 days prior to the expiration, for good cause shown, for an additional six months upon payment of 1/2 of the original application fee.

L. Signs permitted in the WG District, subject to site plan approval by the Planning Board, approval of a certificate of compatibility by the Historic Preservation Commission, and issuance of a sign permit by the Code Enforcement Officer, shall be as follows:

[Added 9-3-2014 by L.L. No. 5-2014]

(1) One business identification ground sign not exceeding five feet in height nor more than 12 square feet in sign area, shall be permitted for each business establishment. No sign shall be permitted on any lot having less than 50 feet of street frontage. All signs shall be designed to be consistent with the existing residential character of the district. Monument-type signs shall not be permitted.

(2) On-premises directional signs for the safety of the general public, identifying direction of traffic flow, parking areas, fire zones, entrances and exits, not exceeding two square feet per face and mounted not more than four feet above grade. No business names, logos or other advertising messages shall be permitted on directional signs.

(3) For each building containing more than one business, office or other commercial enterprise, one directory sign attached to the building identifying all businesses, professions, industries or other nonresidential uses conducted within that single building. Individual business names on directory signs shall not exceed four inches in height and 36 inches in length. The total area of a directory sign shall not exceed 10 square feet in sign area.

§ 180-118 Unlicensed motor vehicles.

In any district, unlicensed motor vehicles shall not be stored outdoors except as otherwise specifically permitted.

§ 180-119 Vehicle storage in residential districts.

In any residential district, vehicles shall be stored as designated in § 180-113, and only as follows:

A. Indoor or outdoor storage:

(1) Licensed passenger vehicles, including passenger vans and so-called pickup trucks and utility vehicles used regularly as household passenger vehicles.

B. Indoor or rear yard storage:

(1) Licensed recreational vehicles including campers.

(2) Licensed boat trailers and boats.

(3) Licensed snowmobile trailers and snowmobiles.

(4) Licensed light utility trailers.

C. Indoor storage only. All other vehicles, whether for on- or off-road use.

§ 180-120 Outdoor storage of certain materials.

In all districts the storage of compost, garbage waste, rubbish and all other refuse shall be obscured from adjoining lots and streets by a screening device at least four feet in height, or shall otherwise be contained within an enclosed structure, except during times designated for the curbside or other removal of such material. No noxious odors shall be emitted. Outdoor storage shall not be located within a required setback. Junk, as defined in these regulations, shall not be stored or otherwise accumulated outdoors on any dwelling lot.

§ 180-121 Animals.

[Amended 3-7-2016 by L.L. No. 1-2016]

No animals other than domestic animals shall be housed or harbored and maintained in the Village of Cazenovia. Not more than four dogs and cats over six months in age shall be housed or harbored in any dwelling or other use, except in kennels and/or veterinary care facilities located in such districts where such uses are specifically permitted. Stables shall be prohibited in all districts.

§ 180-122 Location of driveways.

Driveways shall be located at least 80 feet from the curbline of any intersecting street for all uses except one- and two-family dwellings.

§ 180-123 Lakefront and other shoreline lot standards.

A. All construction which disturbs and Cazenovia Lake shoreline, or any lands within 20 feet of any shoreline of Cazenovia Lake, shall be permitted only upon the prior grant of site plan approval by the Planning Board. All construction on a lakefront lot shall be carried out in such manner as to minimize interference with the natural flow of such waterway, to avoid shoreline erosion or waterway sedimentation to minimize increases in the rate of surface runoff into the waterway, to remove only that vegetation which is reasonably necessary to accomplish lot development, and to generally maintain the existing aesthetic and environmental quality and character of the shoreline. To the extent applicable and practicable, as determined by the Planning Board, the standards and methods set forth in the Lakefront Development Guidelines prepared by the Cazenovia Advisory Conservation Commission for the Town of Cazenovia and attached to the end of this chapter as Appendix C[1] shall be adhered to in the design and construction of any site improvements affecting the lake shoreline and/or any lands within 20 feet of the shoreline.

[Amended 12-3-2018 by L.L. No. 4-2019]

[1] Editor's Note: The Guidelines are on file in the Village Clerk's office.

B. Any boat pump-out or other equipment for removing sanitary wastes from boats shall be connected to a public or approved private sewage disposal system.

C. Any commercial use involving any permitted use or storage of gasoline or other petroleum products shall be located at least 100 feet from the shoreline and shall include adequate provisions for ensuring that any leak, rupture or spill will be contained and not be introduced into or affect the waterway. In particular, a raised earthen or paved berm or dike shall be constructed in such manner so as to afford adequate containment.

D. Any paved or otherwise improved parking, loading or service area within 100 feet of any shoreline shall be designed and constructed so as to minimize surface runoff.

§ 180-124 Telephone, electric and other utilities.

A. Telephone, electricity, cable television and all other service or utility lines within the restricted area shown on the map of the Village of Cazenovia on file in the Village Clerk's office dated June 1, 1979, shall be installed, maintained and replaced underground. The restricted area as shown on said map shall consist of:

(1) The following streets and portions of streets and the following other areas: the limits of Albany Street from the pier at the lake on the west, to the point where Farnham Street intersects Albany Street, on the east; nor within the limits of Lincklaen Street from where said street intersects Albany Street on the south to the intersection of William Street and Lincklaen Street on the north; nor within the limits of Sullivan Street from where Sullivan Street intersects with Albany Street on the south to where said street is intersected by Union Street on the north; nor within the limits of the street known as Chenango Street or Mill Street from where Mill Street intersects Albany Street on the north to a point where the street now known as South Street running by the Stanton House intersects the said Mill or Chenango Street.

(2) The parcels of land having frontage on any of the streets or portions of streets or other areas listed above.

(3) All new streets and parcels of land fronting new streets.

B. The above requirements shall not serve to limit or waive any other codes and regulations governing such utility lines.

C. In all areas other than the restricted area, any installation requiring the setting or placement of new pole, transformer or other equipment shall require a permit which may be issued by the Zoning Enforcement Officer after architectural review by the Planning Board.

D. Installations not requiring the setting of a pole, transformer or other equipment may be made after a permit is issued by the Zoning Enforcement Officer and shall not be subject to review by the Planning Board.

§ 180-125 Individual sanitary waste systems.

Individual sanitary waste systems and septic tanks are prohibited within the Village.

§ 180-126 Temporary uses and structures.

Temporary permits may be issued by the Zoning Enforcement Officer for a period not exceeding one year for temporary conforming or nonconforming uses and structures incidental to construction projects, provided that such permits shall require agreement by the applicant to remove the use or structure upon expiration of the permit. Such permits may be renewed upon application for an additional period not exceeding one year.

§ 180-127 Abandonment of structures.

If excavation for a building has commenced and is thereafter abandoned, the excavation shall be filled to the original grade within six months after an order requiring such restoration work is issued by the Zoning Enforcement Officer. If a permanent or temporary building or structure has been destroyed, demolished or abandoned, all structural materials shall be removed from the site and any resulting open basement or other excavation or void shall be filled to the original grade by the applicant.

§ 180-128 Public safety.

The Planning Board shall have authority under these regulations to require modification of any building permit or other application in terms of yard depths, driveway entrance and exit locations, buffers, screening devices, and the location and height of buildings where deemed necessary to public safety, to minimize traffic congestion or hazards and to safeguard adjacent dwellings and other uses.