These regulations shall be known as the "Village of Cazenovia
Zoning Regulations" and shall consist of the text contained herein
and the "Village of Cazenovia Zoning Map," hereafter termed "Zoning
Map." The Village of Cazenovia Zoning Ordinance, enacted in 1993,
as amended, is hereby repealed.
A.
These regulations have been made and enacted in accordance with a
comprehensive plan for the purpose of promoting and protecting the
health, safety and general welfare of the community to the maximum
extent permitted by the zoning powers granted to the Village of Cazenovia
by the Village Law and the General Municipal Law of New York State
and in furtherance of the public purposes enumerated in such laws.
B.
In accordance with these powers and purposes and with the comprehensive
plan, these regulations are designed to prevent overcrowding of land
and undue concentration of population; provide adequate light and
air; lessen congestion in the streets; promote appropriate and compatible
use and patterns of use of land and orderly and effective growth and
economic prosperity of the community; conserve property values; provide
and protect transportation, school, recreation, sewage disposal, water
supply, and other facilities and services necessary for public well-being;
protect natural and aesthetic values of land and water resources;
conserve and perpetuate community heritage demonstrated in historic
buildings and districts; protect the general environment in compliance
with the objectives of applicable New York State and federal regulatory
programs; and otherwise promote and protect the public health, safety,
comfort, convenience, privacy, prosperity, and general welfare.
A.
For purposes of interpretation and application, these regulations
shall be deemed to be the minimum requirements necessary for the purposes
enumerated above.
B.
Except as hereafter provided:
(1)
No land or structure shall hereafter be used or occupied, and no
structure or part thereof shall hereafter be erected, constructed,
reconstructed, enlarged, altered, repaired, moved or removed except
in conformity with all regulations herein specified for the zoning
district in which it is located, and, where applicable, unless also
in conformity with all regulations herein specified for any zoning
overlay district in which it may also be located.
(2)
All uses not specifically permitted in a zoning district or permitted
upon issuance of a special permit or in accordance with other provisions
of these regulations shall be deemed to be prohibited.
(3)
These regulations shall not apply to any existing structure, nor
to the existing use of any structure or land to the extent it was
legally used on the effective date of these regulations. These regulations
shall apply to any change in use or reconstruction, alteration, enlargement,
movement or removal of a structure and to any change in use of land
after the effective date of these regulations.
(4)
Any use of land on the effective date of these regulations which
is unlawful under any prior regulations shall be lawful only to the
extent that it complies with these regulations. However, such compliance
shall not excuse nor be used to abate or enjoin the prosecution of
such unlawful conduct, whether initiated prior or subsequent to the
effective date of these regulations.
A.
Number of principal buildings. Only one principal building shall
be permitted on a lot, unless otherwise specifically permitted under
these regulations.
B.
Building coverage. All principal and accessory buildings, including
all porches and other roofed portions of such buildings, shall be
included in a determination of permitted maximum lot coverage.
C.
Yards:
(1)
Any porch shall be considered as part of the building in determination
of yard depths. Decks more than one foot above grade shall be calculated
as part of the building in determination of required front and side
yard depth.
(2)
Required yards shall be open and unobstructed except as follows:
(a)
Unroofed ramps or similar structures necessary for access into
a dwelling by a disabled person residing in the dwelling.
(b)
Eaves, rainwater leaders, window sills, chimneys, pilasters,
unroofed balconies, and other such building features; open steps;
and one-story bay windows not more than 12 feet wide may extend up
to three feet into any required yard.
(c)
Fences and ground-level walks and patios may be erected and
installed on a lot without regard to yard requirements, provided that
fences shall comply with other applicable requirements herein.
(3)
No part of a yard or open space required about any building or structure
for the purpose of complying with these regulations shall be included
as part of a yard or open space similarly required for another building
or structure.
(4)
Where existing building front yard depths in any district have been
established on lots comprising more than 50% of the street frontage
in any block at a depth greater than the minimum depth required for
the district, the front yard depth of new buildings shall be increased
to comply with the established average depth.
(5)
In any substantially built-up residential district, the required
front yard depth for a new dwelling may be reduced to the average
yard depth of existing dwellings within 200 feet from each side lot
line of the new dwelling lot, but in no case shall such yard depth
be reduced to less than 10 feet.
(6)
On a corner lot in any district where a yard is required, a yard
shall be provided along each street equal to the required front yard
depth. One rear yard shall be provided on each corner lot, and the
owner shall designate the rear yard in his application for a permit.
(7)
In corner lots in all districts, the required yards within the triangular
area formed by the intersection of the street lines and a third line
joining the street lines at points 25 feet from the intersection shall
be open and visually unobstructed between heights of two feet and
10 feet above the average elevation of each street within the triangular
area.
(8)
Flag lots are discouraged and shall only be permitted upon the granting of an area variance by the Zoning Board of Appeals permitting a reduction of the stated minimum street frontage requirement for the zoning district within which the lots are located. In addition to the requirements of § 180-136C(2)(a), in approving any request for approval of a flag lot, the Zoning Board of Appeals shall also take into consideration the following factors:
[Added 10-3-2016 by L.L.
No. 6-2016]
(a)
Whether the parcel in question has environmental, topographical
or legal limitations or restrictions that preclude the lot(s) in question
from meeting the street frontage requirement for the district.
(b)
Whether under the circumstances presented, the approval of the
flag lot design would better serve the interests of the neighborhood
and/or community than a conventional subdivision layout.
(c)
Whether the flag lot and improvements contemplated thereon,
by reason of inadequate drainage, adverse soil or rock formations,
unfavorable topography, or any other environmental condition or circumstance,
will be harmful to the health, safety or welfare of the property,
adjacent properties or the neighborhood or community.
(d)
Whether the proposed means of access to any existing or proposed
public street is adequate for the passage of reasonably contemplated
vehicular traffic and emergency vehicles.
(e)
Whether the proposed point of access to any existing or proposed
public street is adequate to permit turning movements without creating
an adverse effect upon vehicular traffic upon the public street.
(f)
Whether utility connections can be reasonably extended to the
lot(s).
A.
All uses not expressly permitted in a zoning district, including
those permitted subject to Planning Board approval, shall be prohibited.
B.
In any district, notwithstanding any statements of permitted uses
or any definitions or lack of definitions in these regulations, any
use which may reasonably be determined and characterized by the Planning
Board as being or including any of the following shall be prohibited:
production and manufacturing from raw materials of chemicals, cement,
explosives, paint products, rubber, soaps, starch or by-products of
coal, coke, petroleum and natural gas; reduction, refining, smelting
and alloying of metal or metal ores; slaughtering, rendering or processing
of animals and poultry; reduction and processing of wood pulp and
fiber; junkyards; storage of explosives; bulk storage of gasoline,
natural gas, propane, or petroleum products except underground storage
of gasoline at permitted gasoline service stations; unenclosed manufacturing
or processing of any materials or products; any similar or other use
which may introduce fire, explosion, or other public health and safety
hazards, or which generates or discharges or may generate or discharge
hazardous or toxic wastes into the Village's public water supply or
sewage disposal system or any open body of water within the Village,
or which regularly or frequently exceeds any of the following standards
measured at any lot line:
[Amended 6-11-2013 by L.L. No. 4-2013]
(1)
Emits continuous noise in excess of 80 decibels or impact noise of
100 decibels, measured in accordance with ANSI standards.
(2)
Emits any odor which exceeds odor thresholds measured in accordance
with ASTM Standard Method for Measurement of odor in atmospheres.
(3)
Emits any airborne toxic matter in excess of ambient air quality
standards of New York State Level III.
(4)
Emits any smoke in excess of Ringlemann Chart No. 2.
(5)
Causes, as a result of normal operations, ground-transmitted vibration
which exceeds a velocity of 0.02 inch per second.
(6)
Emits or causes any other conditions which threaten the public health,
comfort, safety, or general welfare, or which may damage or impair
real property, business activity or natural resources.
C.
Mobile dwellings or use of any temporary structures or recreation
vehicles or camping or travel trailers as dwellings shall be prohibited.
A.
Nothing in these regulations shall prevent the following use of any
lot:
(1)
Agricultural use as defined herein.
(2)
Family foster care as defined herein.
(3)
Municipal facility as defined herein, provided that the Planning
Board shall review and submit an advisory report to the Board of Trustees
regarding the appropriateness and compatibility of the location and
design of any such proposed facility.
(4)
Ordinary maintenance and repair of an existing building, structure
or site improvement in kind, with no change in appearance, use, or
intensity of use, and not requiring the issuance of a building permit
or certificate of compatibility.
B.
An action proposed by any agency, department, branch or division
of New York State or of the United States of America which involves
the exercise of direct governmental functions consistent with the
purposes and jurisdiction of such agency, department, branch or division
of New York State or of the United States of America shall be exempt
from these regulations. However, any action which is proprietary in
nature and does not involve the exercise of such governmental functions
shall fully conform to these regulations.
C.
Accessory buildings and structures, as defined, shall generally be
permitted in connection with all permitted uses and special uses,
subject to other regulations herein.
D.
Height exceptions. Height limitations of these regulations shall
not apply to church spires, belfries, cupolas and penthouses not used
for human occupancy; nor to chimneys, ventilators, skylights, stairwells
and necessary mechanical appurtenances usually carried above roof
level. Such features shall, however, be erected only to the height
necessary to accomplish the purpose they are to serve.
A.
These regulations shall not be construed as superseding, limiting,
changing or suspending any other law, ordinance, code or regulation
affecting the use, safety, construction or sanitation of any land
or structure.
B.
C.
If any conflict exists between any standard or requirement in these
regulations and those of any other law, ordinance, code, or regulation,
the most restrictive or highest standard or requirement shall apply.
