Various words and terms used in these regulations shall be interpreted
and defined as indicated below. Where certain other words and terms
may be explained and defined elsewhere in the regulations, they shall
be interpreted accordingly. All other words and terms shall be interpreted
and defined in accordance with their commonly accepted meaning. Words
or terms used in the present tense include the future tense; plural
includes singular; "use" or "occupancy" or other forms or tenses of
these words includes "or intended, arranged or designed" for such
use or occupancy. Doubt as to the precise meaning of any word or term
used in these regulations shall be determined by the Code Enforcement
Officer, subject to review by the Board of Appeals.
As used in this chapter, the following terms shall have the
meanings indicated:
See "structure, accessory."
Where used in reference to land, lots, districts, uses, buildings
or other structures on the land, shall mean only those which are contiguous
and in contact at some point or line and shall not include those separated
by a street.
For purposes of this chapter, the term "adult business" shall
be defined to include any one or more of the following defined establishments
and/or activities:
BODY PIERCING SHOPA commercial establishment that offers as a service, for nonmedical purposes, the intentional piercing of the skin of patrons with needles or other instruments, jewelry and/or other paraphernalia, generally for the purpose of ornamentation of the human body.
TATTOO SHOPA commercial establishment that sells and/or administers/applies tattoos by injecting dyes and/or inks into the skin of patrons.
ADULT BOOK AND/OR VIDEO STOREA commercial establishment which has as a substantial or significant portion of its stock in trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale or rental, for any form of consideration, of any one or more of the following: books, magazines, periodicals, or other printed matter, or photographs, films, videos, slides, or other visual representations, which are characterized by the exposure or emphasis of specified sexual activities or specified anatomical areas or instruments, or devices or paraphernalia, which are designed for use in connection with specified sexual activities which are for sale, rental or viewing on or off the premises. An establishment may have other principal business purposes that do not involve the offering for sale or rental or viewing of materials depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult book and/or video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult book and/or video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe specified anatomical areas or specified sexual activities.
ADULT ENTERTAINMENT CABARETA public or private establishment which regularly presents topless and/or bottomless dancers, strippers, waiters or waitresses, male or female impersonators or exotic dancers, or other similar entertainment, or films, motion pictures, videos, slides, or other photographic material, or which utilizes employees, as part of their employment, to regularly expose patrons to specified sexual activities or specified anatomical areas.
ADULT THEATERA theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances characterized by the exposure of specified sexual activities or specified anatomical areas.
ADULT MOTION-PICTURE THEATERAny motion-picture theater where, for any form of consideration, films, motion pictures, video cassettes, slides or other photographic reproductions are shown and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where massages, or any other treatment or manipulation of the human body, are administered, for any form of consideration or gratuity, as part of or in connection with specified sexual activities or where any person providing such treatment or service related thereto exposes specified anatomical areas. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath, duly licensed physical therapist or duly licensed massage therapist or barbershop or beauty salon, athletic club, health club, school, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental accessory service.
Use and management of land for growing of food, silage, ornamental
and other plant crops, including sale of such crops and dwellings
and accessory structures and uses which are a common part of such
operations, but not including any animal or poultry husbandry.
Any exterior or interior change, rearrangement or expansion
of a building or other structure, including plumbing, electrical and
other systems and components, other than ordinary maintenance and
repair. Includes any change, rearrangement or expansion of use or
occupancy of any building or other structure.
A business use providing for the day care, day boarding,
grooming and/or training of dogs, cats and other domestic animals,
but not including the overnight boarding or housing of any such animals.
[Added 3-7-2016 by L.L.
No. 1-2016]
Dogs and cats, and fish, turtles, gerbils, guinea pigs and
other household pets customarily kept in a glass enclosure or cage
inside a residential dwelling for personal companionship and enjoyment,
but specifically excluding any poultry, water fowl, swine, cattle,
sheep, goats, horses, or any wild or dangerous animals, or any animal
kept for production of food, pelts or hides.
A pole, tower, dish or other structure of any shape or configuration,
intended to send or receive radio, television or other electronic,
electromagnetic, light, sound or other communications signals to or
from any other source, including any related devices intended to magnify,
store, transfer, and/or transmit such signals.
Any person, firm, partnership, association, corporation,
company or organization of any kind who or which requests the Village
of Cazenovia Planning Board, Zoning Board of Appeals or Village Board
to approve a subdivision and/or to grant an application for a variance,
a site plan approval, special permit, certificate of compatibility
or an amendment of the Zoning Code or Zoning Map or which constructs
or proposes to construct one or more highways, drainage facilities,
utilities or parks within or in conjunction with a development with
the intent to convey or dedicate the same to the Village.
An application, petition or other form of request by an applicant
to the Village or a board of the Village in accordance with these
regulations.
See "comprehensive plan."
The lower level or story of a building totally or partially
located in the ground. The average height of any portion of a basement
extending above finished grade along the front building line shall
be included in building height measurement.
A home occupation in an existing one-family dwelling operated
by the permanent resident(s) of the dwelling who are also on site
and sleeping overnight within the residence while providing short-term
overnight lodging to transient guests, and which offers an on-site
breakfast meal served to such guests, but no other meals.
[Added 8-6-2018 by L.L.
No. 6-2018]
Building and associated appurtenant facilities used for the
temporary lodging of one or more guests, boarders or tenants not part
of a family or functional family unit residing upon the premises,
whether or not meals or cooking facilities are provided for the guests,
boarders or tenants, but excluding motel/hotel and bed-and-breakfast
uses.
The Zoning Board of Appeals of the Village of Cazenovia.
Any vessel for transport on water powered by any means.
An accessory building for the storage of boats and boating
and other household recreational equipment used exclusively by occupants
of a dwelling on the same lot.
Any product, including natural spring or well water taken
from municipal or private utility systems or other water, distilled
water, deionized water or any of the foregoing to which chemicals
may be added, which is put into sealed bottles, packages or other
containers to be sold for domestic consumption or culinary use, involving
a likelihood of such water being ingested by human beings.
Open space along the perimeter of a lot, in widths as may
be prescribed by these regulations, on which is placed a screening
device or which is planted with trees, shrubs and/or other vegetation
maintained to provide a visual screen and noise barrier between lots.
The only structure permitted in a buffer is a screening device.
A structure having a roof and wholly or partially enclosed
by exterior walls, used to shelter persons, animals or property. Where
such a structure is vertically divided into entirely separate parts
and utility systems intended for separate uses, each part is an attached
building.
A detached building, the use of which is generally associated
with and incidental and subordinate to the principal use of the lot
and the principal building located on the lot.
A building surrounded by open space.
The area on a project site used by the building structure,
defined by the perimeter of the building plan. Parking lots, parking
garages, landscapes, and other nonbuilding facilities are not included
in the building footprint.
[Added 2-3-2014 by L.L. No. 1-2014]
A line or series of lines paralleling the front, side or
rear lot lines and located on the basis of required front, side or
rear yard depths, to define the interior portion(s) of a lot within
which principal buildings and other structures may be located. Such
lines shall be classified as front, side and rear building lines.
The vertical distance measured from the average finished
grade at the front of a building to the highest point of a flat or
mansard roof, to the average height of a pitched, gabled, hip or gambrel
roof, excluding spires, chimneys, penthouses and similar structures
extending above the roof, or to the highest point of a structure not
having a roof.
A building in which is conducted the permitted principal
use of the lot on which the building is located. Only one principal
building is permitted on a lot unless otherwise indicated.
The line at which construction of a building is to meet or
cross on a lot. A build-to line runs parallel to the street right-of-way
and is established to create a generally consistent building line
along a street.
[Added 2-3-2014 by L.L. No. 1-2014]
Water intended for potable uses, which is transported by
tank trucks.
Land, place, structure, facility or building for the disposal
or burial of deceased human beings, by cremation or in a grave, mausoleum,
vault, columbarium or other receptacle.
Facilities used by a membership organization for social,
fraternal, service, educational, athletic, political, religious, or
other purposes which are not operated primarily for profit and which
do not include dwelling or sleeping accommodations.
A facility operated, supervised and controlled by municipal
or other government or by a charitable, religious, social service,
recreation or similar community or neighborhood service-oriented nonprofit
organization, which provides a place of congregation for purposes
of education, training, counseling, recreation or similar activities,
not including a school or other educational institution or a religious
facility as herein defined, whether or not involving membership or
fees.
Plans and policy statements prepared by and for the Village
of Cazenovia in accordance with the Village Law identifying land use
areas and objectives and public facilities and other community features,
and providing for the improvement of the Village and its future growth,
protection and development. The comprehensive plan may be amended
from time to time to reflect changing community conditions and needs.
An animal feeding operation that would be required to obtain
a NYSDEC State Pollution Discharge Elimination System (SPDES) general
permit based upon the numbers and types of animals and/or method of
animal waste discharge.
Land areas which may be designated on the Zoning Map and
are considered to have environmentally sensitive resource or resource
protection values or other special public purposes and values which
should be preserved and protected in any use and development of land
adjoining or influencing any such area.
The degradation of natural water quality, as a result of
human activities, to the extent that its usefulness is impaired.
An historic district building or other structure identified
as possessing historic, architectural or other characteristics which
contribute to the significance and value of the district, generally
based on evaluations and designations made in nominations to the National
or New York State Registers of Historic Places.
A retail store generally providing a limited range of packaged
food, beverages, and other consumer items, which includes as a substantial
component of its business the sale of gasoline and/or diesel fuel
and/or kerosene directly to consumers, but which does not include
a car wash or motor vehicle service facilities.
An open space other than a yard totally or partially enclosed
and bounded by a building. An outer court is one which extends to
a yard; an inner court is any other court.
A facility or portion of a building in which the remains
of deceased human beings are processed by cremation.
Commercial or nonprofit facilities providing for the daily
custody, care and supervision away from their own homes of preschool
or other young children, such as a day nursery, preschool program
or day-care center, but not including a school, family day care or
family foster care, as defined herein or elderly persons. Such use
shall not include overnight sleeping accommodations for such persons.
An uncovered porch.
Any bulk quantities of chloride compounds and/or other deicing
compounds (e.g., urea or calcium magnesium acetate) intended for application
to roads, including mixtures of sand and chloride compounds in any
proportion where the chloride compounds constitute over 8% of the
mixture. Bulk quantity of deicing compounds means any quantity, but
does not include any chloride compounds in a solid form which are
packaged in waterproof bags or containers which do not exceed 100
pounds each.
Includes, but is not limited to, a site-specific development
plan or subdivision.
The abandonment, discharge, deposit, injection, dumping,
spilling, leaking or placing by any other means of any solid waste,
petroleum, radioactive material, hazardous substance, hazardous waste
or aqueous-carried waste into or onto land or a surface water body.
Facility used as a place of residence for one or more persons
regularly enrolled as students in a post-secondary educational institution
and which is owned by or operated under the control and supervision
of such institution; occupancy may also include supervisory and other
personnel of the institution. A dormitory shall be considered to be
part of a post-secondary educational use, but where the term "dormitory"
is specifically denoted as a permitted use, it shall not be construed
to include any other aspect of a post-secondary educational use.
All surface water drainage facilities, including, but not
limited to, detention and retention basins, storm sewers and their
appurtenances, drainage swales and ditches and any easements through
or over which such facilities may be constructed or installed within
or in conjunction with a development.
A commercial use which permits customers or patrons to purchase
goods or services and conduct other business while remaining in their
motor vehicles. Drive-in facilities must be developed and used in
conjunction with a bank, branch bank office, restaurant, pharmacy,
or car wash upon the same lot.
Land used for vehicular access, egress and other movements
on a lot.
A building or portion thereof containing kitchen, bathroom,
dining, sleeping and related facilities incidental and necessary to
human habitation, designed and intended as a self-contained housekeeping
unit for exclusive occupancy by one family, as defined herein. In
determining the number of dwelling units within a structure, consideration
is given to the separate use of or the provision made for cooking,
heating and sanitary facilities, whether installed or not; both the
actual use to which the dwelling is being put and the potential use
to which the dwelling might be put.
[Amended 2-3-2014 by L.L. No. 1-2014]
A one-family dwelling unit factory-built and finished according
to United States Department of Housing and Urban Development standards
on an attached frame or chassis capable of being towed over the highway
for purposes of being placed on a site, with or without wheels intact.
This term does not include any recreational vehicle.
A building containing three or more dwellings, including
apartments, townhouses, and condominiums, and also including a group
of buildings on one lot with each building containing separate living
units for three or more families.
[Amended 2-3-2014 by L.L. No. 1-2014]
A detached building containing only one dwelling and no other
principal use. A one-family dwelling shall not include a mobile dwelling,
recreational vehicle or any temporary structure.
A one-family dwelling occupying an attached building in a
grouping of two or more attached buildings each separated by common
or party walls without connecting openings and having ground-floor
access to the outside. This term primarily refers to so-called townhouse
and duplex dwellings.
A building containing only two dwellings and no other principal
use.
A secondary dwelling unit which is accessory to a single-family
dwelling, for use as a complete, independent living facility, with
provisions within the accessory unit for cooking, eating, sanitation,
and sleeping. An accessory dwelling unit may also be located in an
accessory structure to the principal single-family dwelling, such
as a detached garage, provided that the accessory structure is clearly
an accessory use to the single-family dwelling. An accessory dwelling
unit shall not constitute a two-family dwelling.
[Added 2-3-2014 by L.L. No. 1-2014]
These terms may be used to generally describe all buildings
and other structures and supporting site and open space improvements
comprising a use on a lot.
One person, or two or more persons related by blood, marriage
or adoption, living, sleeping, cooking, and eating in and otherwise
occupying one dwelling as a single housekeeping unit, as distinguished
from persons occupying a boardinghouse, rooming house, or a dormitory.
Also see "functional family unit."
A home occupation providing for daily or other regular care
and custody of three or more preschool or other young children or
elderly persons away from their own homes, which use complies with
applicable New York State regulations. Such use shall not include
overnight sleeping accommodations for such persons.
Full-time care and custody of minor children or elderly persons
unrelated to the owner-occupants of a dwelling under contractual or
other arrangements with a public or nonprofit social services agency.
Any artificially constructed barrier of any material or combination
of materials erected to enclose, isolate or screen a lot or portion
of a lot.
Any commercially produced mixture generally containing phosphorous,
nitrogen and/or potassium which is applied to the ground to increase
nutrients from plants.
A finding by the Planning Board that a project proposed within
an Historic Preservation Overlay District is compatible with the purposes
of the district and these regulations.
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.
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.
A lot which has limited, nonconforming frontage on a public
street providing access to the lot, but has sufficient lot area and
other lot dimensions which meet the requirements of the zoning district
in which the lot exists.
A group of motor vehicles owned or operated as a unit or
a group of motor vehicles operating together under the same ownership.
An exposed lamp fixture designated to light a scene or object
to a luminance greater than its surroundings.
The sum of the square foot area of the floors of a building
or portion of a building, calculated on the basis of dimensions between
the interior faces of the walls, excluding basement or attic floor
area.
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.
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. All uses of the term footcandle
are calculated using 75% maintenance factor.
The maximum lighting level in footcandles allowed on an area
to be illuminated. The maximum footcandle value is determined using
a 75% maintenance factor.
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.
All oil which has been refined, re-refined or otherwise processed
for the purpose of being burned to produce heat.
A group of persons living, sleeping, cooking and eating in and otherwise occupying one dwelling as a single housekeeping unit and who function as a family with respect to those characteristics that are consistent with the purposes of zoning and use restrictions in residential neighborhoods as distinguished from persons occupying a boardinghouse, rooming house, or a dormitory. See additional criteria for determination of functional family unit, § 180-96.
A building used for human funeral services, including the
embalming and other preparation of the dead for burial, and storage
of caskets and related funeral supplies and funeral vehicles, but
not including facilities for cremation. The owner-operator of the
funeral home shall reside in the building, but said use is not a home
occupation as defined herein.
An accessory building used primarily for the storage and
incidental servicing of automobiles and other motor vehicles associated
with a principal use on the lot.
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.
The final surface elevations of ground, lawns, walks, driveway,
parking and other paved areas as shown on project drawings, or in
existence at the time a building permit or certificate of occupancy
is issued.
The area of a development not occupied by structures or paved
areas for vehicles and including formal stormwater management facilities
(no more than 20% of total lot area) as well as green infrastructure
stormwater facilities (protected conservation area set aside, swales
and 60% of the area of a green roof if not accessible by or visible
to the public), and including parks, dedicated protected conservation
area, landscaped areas (plantings, lawns, parking lot islands), and
including sidewalks or trails used to access these areas, including
accessory structures accessible to the public and intended to enhance
the green space.
[Added 2-3-2014 by L.L. No. 1-2014]
Water below the land surface in a saturated zone of soil
or rock. This includes perched water separated from the main body
of groundwater by an unsaturated zone.
A place of residence for a functional family unit which is
an integral component of a recognized program of physical or mental
health rehabilitation or other custodial supervision and care living
arrangements in a one-family dwelling, with or without resident supervisory
personnel. This term shall not include nursing homes, dormitories,
or similar facilities.
The rooms or floor area of a building either actually used
or usable as a dwelling.
Any substance listed as a hazardous substance in 6 NYCRR
Part 597, Hazardous Substance List, or a mixture thereof. In general,
a hazardous substance means any substance which:
Because of its quantity, concentration or physical, chemical
or infectious characteristics, poses a significant hazard to human
health or safety if improperly treated, stored, transported, disposed
of or otherwise managed;
Poses a present or potential hazard to the environment when
improperly treated, stored, transported, disposed of or otherwise
managed;
Because of its toxicity or concentration within biological chains,
presents a demonstrated threat to biological life cycles when released
into the environment.
A waste, or combination of wastes, which is identified or
listed as hazardous pursuant to 6 NYCRR Part 371, Identification and
Listing of Hazardous Wastes. Hazardous wastes include but are not
limited to petroleum products, organic chemical solvents, heavy metal
sludges, acids with a pH less than or equal to 2.0, alkalies with
a pH greater than or equal to 12.5, radioactive substances, pathological
or infectious wastes or any material exhibiting the characteristics
of ignitability, corrosivity, reactivity or that fails the Toxicity
Characteristic Leaching Procedure (TCLP).
Includes, but is not limited to, a street, avenue, road,
square, place, alley, lane, boulevard, concourse, parkway, driveway,
overpass or underpass and also includes all items appurtenant thereto,
including but not limited to bridges, curves, ditches, shoulders and
sidewalks within or in conjunction with a development.
A special zoning district established in one or more designated
historic district areas in addition to other zoning district designations
applicable to such areas, in order to make such areas subject to additional
regulations designed and determined to be necessary to protect, enhance
and perpetuate recognized historic buildings and historic neighborhood
resources of the Village. Historic Preservation Overlay District regulations
apply to each lot in the designated area in addition to the regulations
of the zoning district in which the lot is located.
An accessory commercial profession, occupation or trade use
conducted entirely within a dwelling or a building accessory to a
dwelling and practiced by any inhabitant of the dwelling and which
is clearly subordinate to the dwelling use, does not change the exterior
character of the dwelling, and conforms to other regulations herein.
An accessory commercial profession, occupation or trade use
conducted entirely within a dwelling or a building accessory to a
dwelling and practiced by any one or more inhabitants of the dwelling
with no other employees, that has no patrons visiting the premises
and which is clearly subordinate and secondary to the dwelling use,
that does not change the exterior residential character of the dwelling,
produces no exterior indication of the business being carried on inside
the dwelling and conforms to all other regulations of this chapter.
Commercial or nonprofit use providing medical and mental
health care or custodial services primarily for ill, injured and infirm
inpatients including all facilities normally associated with hospitals.
The term includes sanitariums, clinics, rest homes, nursing homes,
convalescent homes, homes for the aged, adult-care homes, and other
uses of the same general character, other than a group residence.
See "motel/hotel."
Any receptacle, other than a swimming pool, for the containment
of water or other liquids for recreational, therapeutic or other purpose,
which shall have a capacity of more than 16 cubic feet, regardless
of whether it shall contain electrical connections or devices affixed
thereto.
Any material placed on or above the earth that substantially
reduces or prevents the natural percolation of precipitation and melted
snow into the soil. Examples include but are not limited to structures,
including eaves, roofs and roof overhangs; parking areas (whether
hard-surfaced or not); driveways; sidewalks; patios and decks; sport
courts; and pools. The following shall not be considered as impervious
surfaces:
Wood decks less than 200 square feet, if constructed with a
space between each plank and if the deck is constructed over a pervious
surface (1/2 of the area of such wood decks exceeding 200 square feet
shall be considered impervious surface);
Pathways six feet or less in width that employ grass pavers
or porous paving and which are not intended for automobile use.
A use characterized by the storage, sorting, processing,
packaging, or dismantling, of motor vehicles, tires, machinery, metal,
equipment, furniture, building parts, paper, rags, scrap or any other
materials, or parts thereof. The above materials, whether or not part
of a commercial use, are defined as "junk" when this term is used
in these regulations.
Any area or facility, whether private or commercial, utilized
for the sheltering or harboring of more than four dogs, each being
over six months in age, which shall also include, but not be limited
to, facilities providing for the overnight commercial boarding of
dogs in any number.
[Amended 3-7-2016 by L.L.
No. 1-2016]
Any lot adjoining Cazenovia Lake.
A commercial use characterized by the transformation of substances into new products, including assembly of component parts of other manufactured products, with or without use of power-driven machinery and materials-handling equipment and storage and transportation facilities related to such products, and other uses of the same general character, not including any prohibited uses identified in Article I.
An off-street space used for the temporary parking of one
licensed motor vehicle engaged in pickup and delivery or other servicing
of any use for which such space is required, and which space is at
least 12 feet wide and 40 feet long, not including any access driveway
area, and having direct access or other access from a street acceptable
to the Planning Board.
A land area considered as a unit occupied or to be occupied
by a principal structure or use and its accessory structures and uses,
or by a group of structures united by a common use or interest, together
with such yards and other open spaces required by these regulations,
having not less than the minimum area, width, depth and street frontage
required for a lot in the district in which such land is located or,
if lacking required street frontage, having direct access acceptable
to the Planning Board as a condition for issuance of a building permit
for use of such land.
A lot shall be identified or designated as a separate and distinct
parcel of land on a deed, plat or other instrument recorded and filed
or to be recorded and filed in the records of Madison County.
The square foot or acreage area of a lot calculated by viewing
the lot as a horizontal surface, excluding any part thereof lying
within the boundaries of a public street.
A lot fronting on two streets at their intersection. A lot
fronting on a curved street shall be considered a corner lot if tangents
to the street right-of-way curve at the points of intersection of
the side lot lines intersect at an interior angle of less than 135°.
The lot area occupied by all principal and accessory buildings
and structures on the lot, expressed as a percentage of the total
lot area.
The mean horizontal distance from the front lot line to the
rear lot line measured at right angles to or radial to the front building
line in the general direction of the side lot lines.
Any line defining the boundaries of a lot. If any portion
of a lot within such boundary lines involves less than a fee-interest
ownership by the applicant, including but not limited to leasehold
interests and common rights-of-way, the Planning Board shall determine
whether such boundary line constitutes a lot line for purposes of
allowing land use activities. A lot line shall be classified as a
front, side or rear lot line, as herein defined. Where such lot line
classifications by the applicant cannot be confirmed with certainty
by the Zoning Enforcement Officer, the Board of Appeals shall determine
the classification for purposes of allowing land use activities.
A lot line coincident with the line of a public street right-of-way.
A corner lot may have two front lot lines.
A lot line generally parallel to or directly opposite a front
lot line. On a corner lot, the rear lot line may be designated by
the applicant, subject to confirmation noted under the lot line definition.
A lot line extending between a front and rear lot line.
The distance between the side lot lines at the front building
line.
A measure of light energy generated by a light source.
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.
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%.
Animal feces and urine.
Any installation which provides any accommodations or facilities
for watercraft, including mooring, docking, storing, leasing, sale
or servicing.
Office, diagnostic and related facilities for the observation,
care and treatment of illness, injury and infirmity on an outpatient
basis, not including a hospital or related use, a group residence
or a professional residence-office.
The lowest acceptable lighting level, in footcandles, consistent
with the seeing of a task for which lighting is necessary.
For the purposes of this chapter, the complementary inclusion
of more than a single use in a project or on a parcel. Commonly this
includes residential and commercial uses in the same building or in
close proximity on the same site. For the VES Zone, mixed use can
be within the same building or in two separate buildings on the same
site. Mixed use may also be accomplished by providing for a complementary
use on a separate parcel but within the VES Mixed Use Zone.
[Added 2-3-2014 by L.L. No. 1-2014]
Building(s) and related facilities providing short-term overnight
lodging of transient guests, generally intended for the traveling
public and including off-street parking, and which may include dining
room, restaurant, tavern, banquet, conference, recreational and related
facilities and services for guests. This term includes inn, motor
inn, motor hotel, motor lodge, tourist court, and other terms commonly
used for such facilities.
A commercial use for the general repair, maintenance, painting
and other servicing of motor vehicles and/or recreational vehicles,
including sales and the sale of motor vehicle parts and accessories,
when installation services are provided on the lot, and outdoor sales
of motor vehicles, but not including a convenience store or a car
wash.
Refers to the usable levels in a building. It is related
to height but is more concerned with the occupied levels of a building.
For a building to be considered multiple story, the stories above
the first story must be able to be occupied by some use.
[Added 2-3-2014 by L.L. No. 1-2014]
Any Village of Cazenovia or Town of Cazenovia building or
other facility used for governmental purposes, and any fire station.
An institution, open to the public, principally devoted to
the procurement, care, study, and display of objects of historic,
cultural and/or artistic interest or value.
[Added 2-2-2015 by L.L.
No. 1-2015]
Any use of land, any lot, or any building or other structure,
yard, or other component of use or development of a lot which does
not comply with the regulations of the district in which it is located
and which legally existed on the effective date of enactment of these
regulations or on the effective date of an amendment of these regulations
which resulted in such nonconforming condition.
A dwelling or dwelling unit, including associated appurtenant
facilities, used for transient occupancy by one or more guests, boarders
or tenants, where no record owner of the property is residing on the
premises on a permanent basis, and no record owner of the premises
is physically present upon the premises during the transient occupancy,
and whether or not meals or cooking facilities are provided for the
guests, boarders or tenants, but excluding motel/hotel and bed-and-breakfast
uses.
[Added 8-6-2018 by L.L.
No. 6-2018]
The grounds and premises, private or public, on or in which
trees, shrubs, plants, vines and parts thereof are propagated, grown
or cultivated for the purpose of distribution or selling the same
as a business.
Facility used for general administration, management, clerical,
technical and other functions and services of business, medical and
other professional, banking, insurance, real estate, municipal, governmental,
institutional, utility and other activities and enterprises, which
may include space within a building for the garaging and/or dispatch
of motor vehicles used in conjunction with the office use and/or the
services offered.
Any lot area not occupied by a structure.
Regulations of an overlay district shall be applicable to
each lot in the district in addition to the regulations of the zoning
district in which the lot is located.
A home occupation in an existing dwelling or dwelling unit
owned by one or more natural persons, including associated appurtenant
facilities, used for transient occupancy by one or more guests, boarders
or tenants, with at least one record owner of the property permanently
residing on the premises, and whether or not meals or cooking facilities
are provided for the guests, boarders or tenants, but excluding motel/hotel
and bed-and-breakfast uses.
[Added 8-6-2018 by L.L.
No. 6-2018]
A commercial use consisting of preparation, packaging, and
sale of food and beverages exclusively or primarily for off-premises
consumption.
Any lot of record existing on March 1, 2009, which has subsequently
been subdivided into one or more additional lots of record.
An area of land located within a development which is open
to the public and devoted to active or passive recreation.
A lot or portion of a lot used to provide off-street parking.
A space used for the temporary location of one licensed motor
vehicle, which space is at least nine feet wide and 20 feet long not
including any access driveway area, and having direct access or other
access from a street acceptable to the Planning Board.
A parking space located entirely within a lot.
Any building or other permit, including a special permit,
required to be issued by the Zoning Enforcement Officer or the Planning
Board in accordance with these regulations as a condition precedent
to use, development, construction, or other action dealing with real
property in the Village.
Land, place, structure, facility or building provided by
any person to veterinarians or members of the general public for use,
or reservation for use, for the permanent interment or inurement,
above- or below ground, of pet remains.
Any land, place, structure, facility or building provided
by any person to veterinarians or members of the general public for
the cremation of pets.
See "applicant."
Any petroleum-based oil of any kind which is liquid at 20°
C. under atmospheric pressure and has been refined, re-refined or
otherwise processed for the purpose of being burned to produce heat
or energy; as a motor fuel or lubricant; or in the operation of hydraulic
equipment.
A retail business that includes the sale of dogs, cats and/or
other domestic animals.
[Added 3-7-2016 by L.L.
No. 1-2016]
A person who has a physical impairment including impaired
sensory, manual or speaking abilities, which results in a functional
limitation in gaining access to and using a building or other facility.
The Planning Board of the Village of Cazenovia.
Any college, university or other institution devoted primarily
to post-high-school educational activities, not including commercial
schools of beauty, business, dance, driving, music or similar establishments.
Any waste generated by industrial, commercial or mining operations
that, by virtue of some use, process or procedure, no longer meets
the manufacturer's original product specifications.
Any activity involving use, development, construction, reconstruction,
alteration or other action affecting land and structures regulated
herein and proposed in an application for a building or other permit
or for any other Village approval or authorization required by these
regulations.
Any space or area characterized by natural scenic beauty
or whose existing openness, natural condition, or present state of
use enhances the present or potential value of abutting or surrounding
property or maintains or enhances the conservation of natural or scenic
resources. For purposes of this chapter, natural resources shall include,
but not be limited to, agricultural lands actually used in bona fide
agricultural production.
[Added 2-3-2014 by L.L. No. 1-2014]
Any space or area generally accessible to the public, but
not necessarily publicly owned property. Such areas are generally
parking lots, courtyards, entranceways, sidewalks, the street, etc.
[Added 2-3-2014 by L.L. No. 1-2014]
Commercial excavation and extraction of soil, sand, stone,
gravel, minerals, or other natural materials and substances from land.
Any material in any form that emits radiation spontaneously,
excluding those radioactive materials or devices containing radioactive
materials which are exempt from licensing and regulatory control pursuant
to regulations of the New York State Department of Labor or the United
States Nuclear Regulatory Commission.
Includes golf driving range, golf pitch and putt course,
par three golf course, outdoor amusement park, hunting preserve and
similar places of commercial outdoor recreation.
Recreation facilities within buildings, including bowling
alley, theater, pool hall, ice and roller skating rink, gymnasium,
tennis courts or other court games, swimming pool, hobby workshop,
and similar facilities.
Includes yacht club, golf course, trap, skeet and archery
range, swimming pool, skating rink, riding stable, park, lake and
beach, tennis court, outdoor recreation stadium and skiing facility.
Includes municipally owned and operated playground, playfield,
park, open space, swimming pool, operated not for profit and available
to the general public or a segment thereof.
A mobile vehicle licensed to travel on or be transported
on streets and highways, including but not limited to: motor home,
travel trailer, camper, tent-trailer, boat, trailer, snowmobile, ATV
or similar vehicle.
The planning, development, design, clearance, construction,
or rehabilitation of existing property improvements, regardless of
whether a change in the principal or accessory use occurs.
[Added 2-3-2014 by L.L. No. 1-2014]
A place of worship such as a church, synagogue, temple or
similar facility, including a parish house, convent, seminary and
retreat house.
A commercial use consisting of the preparation, sale and
service of food and beverages primarily for consumption on the premises,
but not excluding package food services. Sale of beverages may include
alcoholic beverages as a secondary activity, as compared to a tavern.
Restaurants with drive-in facilities shall be included in the drive-in
facility definition. Restaurants dealing exclusively or primarily
in package-food services shall be included in the package food restaurant
definition.
A commercial use characterized by the sale of goods and services
within a building to the ultimate consumer, including but not limited
to department, clothing, drug, food, hardware and similar stores and
establishments and barber/beauty, dry-cleaning and similar personal
service establishments, not including restaurants, taverns or vehicle
service facilities or vehicle sales showrooms.
Nursery, parochial and other private schools from prekindergarten
through grade 12.
Public schools from prekindergarten through grade 12.
A commercial or other use characterized by scientific experimentation, tests or demonstrations; pure and applied research, design, development, application and production of prototype machines, devices, products, or processes; graphic and other design, printing, data collection and processing, communications, advertising, research, and other services; technology and manufacturing or assembly of products under highly controlled conditions; or other uses of the same general character conducted in controlled buildings and settings not involving any significant bulk raw material or product storage or handling, and not including any prohibited uses in § 180-5.
An accessory structure intended to serve as a visual, noise,
security and privacy barrier, including a fence, wall, screen or similar
structure or improvement.
A residential facility occupied principally by persons 50
years of age and older that provides on-site living assistance and/or
care to its residents.
[Added 2-2-2015 by L.L.
No. 1-2015]
The contents of a septic tank, cesspool or other individual
wastewater treatment work which receives domestic sewage wastes.
Any open space portion of any lot used primarily to service
and support the principal uses on the lot, including land used for
service driveways, loading spaces, storage and collection of wastes,
storage and maintenance yards, and similar utilitarian spaces and
facilities.
See "yard depth."
The combination of human and household waste with water which
is discharged to the home plumbing system.
The mean high water mark of any lake, pond, river, or stream.
The solid, semisolid or liquid waste generated from a waste-processing
facility, but does not include the liquid stream of effluent.
Material as defined in 6 NYCRR Part 360, including any garbage,
refuse, sludge from a wastewater treatment plant, water supply treatment
plant or air pollution control facility and other discarded materials,
including solid, liquid, semisolid or contained gaseous material,
resulting from industrial, commercial, mining and agricultural operations
and from community activities, but not including solid or dissolved
materials in domestic sewage or solid or dissolved materials in irrigation
return flows or industrial discharges that are point sources subject
to permit. Discarded materials that are being beneficially used pursuant
to 6 NYCRR Part 360-1.15 are not considered solid waste.
A commercial use providing veterinary services or the care,
boarding, grooming, breeding, training, sale or hiring of horses or
other hoofed animals.
Enclosed building used for the interior storage of goods,
supplies or equipment.
Space not in an enclosed building used for the storage of
goods, supplies or equipment.
A publicly dedicated and maintained right-of-way for vehicular
traffic affording the principal means of access to adjoining lots.
The right-of-way line of a street as dedicated by a deed
or record. When the width of a street is not established, the street
line shall be determined by the Public Works Administrator.
A building or anything else constructed or erected with a
fixed location on or in the land or on or in a body of water, not
including pavements and vegetation.
A structure other than a building generally associated with
and incidental and subordinate to the principal use of a lot, including
but not limited to fences, walls, flagpoles, signs, antenna, fireplaces,
trellises, swimming pools, tennis or basketball courts or similar
structures. A structure erected on a building such as an antenna shall
be an accessory structure.
A subdivision of land as defined in the Village of Cazenovia
subdivision regulations.
Any permanent structure installed in the ground, or any excavation
of the ground, for the purpose of swimming, bathing or wading, capable
of containing water more than 24 inches in depth. Aboveground swimming
pools are prohibited.
A commercial use, licensed by New York State, primarily engaged
in selling and serving alcoholic beverages for consumption on the
premises. Food may be sold and served as a secondary activity, as
compared to a restaurant.
A building or part of a building devoted to any of the performing
arts.
Buildings, structures and open space devoted primarily to
the showing of motion pictures or theatrical productions to patrons
seated in automobiles.
Living and/or sleeping accommodation provided for compensation
and/or barter for any period of less than 30 consecutive calendar
days, counting any portion of a particular day as a full calendar
day. Bed-and-breakfasts, motels/hotels and transient occupancy lodging
shall individually and collectively be considered types of transient
occupancies.
[Added 8-6-2018 by L.L.
No. 6-2018]
Treasurer of the Village of Cazenovia.
The number of vehicle trips that begin or end at a land use
during a given period.
The activity or activities for which a lot and principal
and accessory buildings and structures on a lot are being or are to
be used and occupied.
A use incidental and subordinate to, and which may not be
carried on independently of, a principal use, for example, a home
occupation.
A use conducted for profit, other than a rented dwelling.
All uses of land and buildings and other structures other
than residential use as defined in this chapter.
A use permitted as of right in a zoning district subject
to compliance with these regulations.
A use which may be carried on independently of any other
use and which generally characterizes the primary activity for which
a lot and principal buildings or structures are to be used and occupied.
Uses of land, buildings and structures that are one-family
dwellings, two-family dwellings, multifamily dwellings, home occupations,
home occupations limited, bed-and-breakfasts or group residences,
as defined and permitted under this chapter, including accessory structures
permitted in association with such uses.
A use having special characteristics and requiring special consideration by the Planning Board and which may be permitted in a zoning district subject to issuance of a special permit in accordance with these regulations. See Article V.
All water, sanitary sewer, gas, electric, telephone and cable
television facilities and any easements through or over which said
facilities may be constructed or installed within or in conjunction
with a development.
Generation, transmission, distribution, storage, and related
structures of public or other gas, electricity, water, waste treatment,
telephone, cable television and other utility supply and service systems,
not including offices, vehicle storage, warehousing and similar functions
of any public or other utility company.
A licensed trailer for noncommercial use not to exceed 14
feet in total length, and not more than six feet in height as measured
from the ground.
A modification of these regulations which may be granted
by the Board of Appeals on grounds set forth in these regulations.
Commercial display and retail sale of new and used automobiles,
trucks, mobile homes, recreational vehicles, boats, and other similar
devices, conducted primarily within a building, with only limited
outdoor display and storage of such vehicles as determined by the
Planning Board.
A commercial use providing veterinary services or breeding
services, which may include the overnight boarding or housing of any
such animals.
[Added 3-7-2016 by L.L.
No. 1-2016]
The Village of Cazenovia.
The Board of Trustees of the Village of Cazenovia.
A commercial building consisting of individual self-contained
storage units or sections leased for the self-service storage of household,
business or other goods.
Commercial use generally characterized by the storage, wholesaling, distribution and servicing and repair of merchandise, parts and equipment for other businesses or institutions, and/or the storage, retail sale and servicing and repair of building supplies, household or other machines or appliances, and other uses of the same general character, not including any prohibited uses identified in Article I.
Aqueous-carried waste, including, but not limited to, dredge
spoil, solid waste, hazardous waste, incinerator ash and residue,
sewage, septage, garbage, refuse, sludge, chemical waste, infectious
waste, biological material, radioactive materials, heat and commercial,
industrial, municipal and agricultural waste.
The land areas that supply indirect sources of recharge to
the zone of contribution, including nonaquifer areas that contribute
surface water runoff, as well as aquifer areas contributing groundwater
discharge into the zone of contribution.
An open space area of a lot between a front, rear or side
lot line and the corresponding front, rear or side building line as
required by these regulations.
The horizontal distance from a front, rear or side lot line
to the corresponding front, rear or side building line as required
by these regulations.
The yard bounded by the front and side lot lines and front
building line, open and unoccupied except as permitted in these regulations.
The yard bounded by the rear and side lot lines and rear
building line, open and unoccupied except as permitted in these regulations.
The yard between a side lot line and the corresponding side
building line further bounded by the front and rear yards, open and
unoccupied except as permitted in these regulations.
The land area overlying that portion of the local sand and
gravel aquifer where all recharge and groundwater directly flows toward
the pumping well(s).
The Zoning Board of Appeals of the Village of Cazenovia.
