Mobile homes and mobile home parks are specifically
prohibited in all districts in the Village.
[Amended 3-22-1999 by L.L. No. 1-1999; 6-24-2002 by L.L. No. 4-2002; 1-9-2014 by L.L. No. 1-2014]
A.
DWELLING
HOME OCCUPATION
PREMISES
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any building or structure, or part thereof, used and occupied
for human habitation or intended to be so used. The terms “dwelling,”
“dwelling unit,” “one-family dwelling,” “two-family
dwelling,” “multifamily dwelling,” and “townhouse
dwelling” shall not be deemed to include motel, hotel, rooming
house or other accommodations used for more or less transient occupancy
of less than 30 days.
An accessory commercial profession, occupation or trade use
conducted entirely within a dwelling (to include the residence and
any accessory structure) and practiced by an 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 the regulations
below. “Home occupation” does not include a hospital,
clinic, animal hospital, kennel, child care for more than three children
at the same time, barbershop, beauty shop or restaurant.
Land and all buildings and structures thereon.
B.
Home occupations permitted. The following home occupations
shall be permitted:
(1)
Home
occupations permitted by right: Those home occupations which involve
no on-premises activity by any persons other than the inhabitants
of the dwelling may be conducted by right, with no permit required.
Such use shall comply with the regulations set forth below.
(2)
Home
occupations permitted upon review by the Code Enforcement Officer:
those home occupations which may involve on-premises activity by persons
other than the inhabitants of the dwelling, where such activity is
not likely to have any negative impact on the surrounding neighborhood.
In such cases, the Code Enforcement Officer shall issue a home occupation
permit authoring the conduct of the home occupation. Such use shall
comply with the regulations set forth below, and such use may be reviewed
from time to time by the Code Enforcement Officer to determine compliance
with the Code and whether the home occupancy requires a special use
permit.
(3)
Home
occupations permitted only with a special use permit: Those home occupations
which are determined by the Code Enforcement Officer as potentially
having a negative impact on the surrounding neighborhood shall be
referred to the Zoning Board of Appeals and may be permitted only
upon the issuance of a special use permit by the Zoning Board of Appeals,
in the manner set forth below.
C.
Required findings for the issuance of a special use
permit. The Zoning Board of Appeals shall make the following findings
before concluding that a proposed use is a permissible home occupation
and issuing a special use permit:
(1)
The proposed use is clearly subordinate to the primary
use of a dwelling for residential purposes.
(2)
The proposed use will not be detrimental to the residential
character of the lot on which said home occupation is located or to
the residential character of the surrounding neighborhood.
(3)
The proposed use does not generate vehicular or pedestrian
traffic substantially exceeding that which results form only residential
use of the dwelling.
D.
Regulations concerning home occupations. Any provision
of this chapter to the contrary notwithstanding, no home occupation
shall be permitted in any district except in accordance with the following
regulations:
(1)
There shall be no exterior or exposed storage of goods,
merchandise, materials or equipment.
(2)
There shall be no sign or other external evidence
of such home occupation.
(3)
Only the inhabitants of the dwelling shall be employed
in such home occupation.
(4)
There shall be no offensive noise, traffic, vibration, smoke, dust, odor, heat, light or glare at the lot line of the lot on which any home occupation is located. For purposes of this § 225-22, any noise level greater than 70 decibels which is audible beyond the property line shall be considered offensive.
(5)
No
external alterations, additions or changes to the structure shall
be permitted to accommodate or facilitate a home occupation.
(6)
Truck
delivery of supplies and material which impacts the character and
safety of the neighborhood shall not be permitted.
(7)
Not
more than 25% or 500 square feet of the dwelling, whichever is less,
shall be employed in the performance of the home occupation.
(8)
Not
more than two business guest vehicles shall be permitted on the premises
in addition to the vehicles used by the inhabitants of the residence
during the same time.
[Amended 6-24-2002 by L.L. No. 4-2002; 4-27-2023 by L.L. No. 5-2023]
A.
SUPPLEMENTAL DWELLING UNIT
CARRIAGE HOUSE
As used in this section, the following terms shall have the meanings
indicated:
A dwelling unit which has a maximum floor area not exceeding
800 square feet and which is located on the same lot as and is clearly
supplemental to the primary dwelling. The floor area of a supplemental
dwelling unit shall include the entire area of any interior or exterior
stairway used as a means of ingress and egress. Commercial use is
prohibited. Such supplemental dwelling unit may be located in the
same structure as the primary dwelling unit or in another structure.
The detached supplemental dwelling unit must blend in or be complementary
to the primary structure. Notwithstanding anything in this chapter
to the contrary, a detached supplemental dwelling unit may not be
located nearer than 30 feet to a rear lot line. A detached supplemental
dwelling unit may not be located nearer than 15 feet to a side lot
line or the applicable side yard setback requirement as contained
in the Density Control Schedule[1] for the zoning district, whichever is greater.
A carriage house constructed, extended or expanded on or
after the adoption of this provision shall require issuance of a special
use permit. Carriage houses shall not contain kitchen or cooking facilities
except in a duly permitted supplemental dwelling unit. Carriage houses
shall not contain in excess of 800 square feet on any one story without
first obtaining a variance from the Zoning Board of Appeals. Commercial
use of a carriage house is prohibited except for operation of a lawful
home occupation permitted under this chapter. A carriage house constructed,
extended or expanded after adoption of this provision which is to
be utilized in whole or in part for other conditional uses, including
but not limited to as a supplemental dwelling unit, shall require
a special use permit for each conditional use.
[1]
Editor's Note: The Density Control Schedule is included as an attachment to this chapter.
B.
Supplemental dwelling units and carriage houses permitted. Notwithstanding any contrary provision of this chapter, no more than one supplemental dwelling unit and one carriage house shall be allowed as an accessory use to a principal use of a one-family dwelling on the same lot, subject to site plan review pursuant to Article VIII and the general regulations below; provided that a detached supplemental dwelling unit shall be deemed to constitute both a supplemental dwelling unit and a carriage house for purposes of this provision.
C.
General regulations. In all districts, the Code Enforcement Officer
shall not issue such a permit unless:
(1)
Minimum lot dimensions. The lot on which a supplemental dwelling
unit and/or carriage house is to be located shall contain at least
the minimum lot width required by the Density Control Schedule for
the primary one-family dwelling unit plus a minimum of an additional
10 feet of lot width for the supplemental dwelling unit and/or carriage
house.
(2)
Compliance with laws. The plans of the applicant for such supplemental
dwelling unit and/or carriage house shall comply in all other respects
with the provisions of this chapter and shall comply in all respects
with the New York State Uniform Fire Prevention and Building Code
and all other applicable state, county or Village statutes, laws,
ordinances, rules and regulations.
A.
TWO-FAMILY DWELLING
Definition. As used in this section, the following
terms shall have the meanings indicated:
A detached dwelling containing two dwelling units.
B.
Two-family dwelling permitted. Notwithstanding any
contrary provision of this chapter, a two-family dwelling shall be
allowed in any district in which it shall be deemed a permitted use
pursuant to the provisions of this chapter if such two-family dwelling
unit is authorized by written permit issued by the Code Enforcement
Officer. The Code Enforcement Officer shall follow the following regulations
in determining whether to issue such a permit:
(1)
General regulations. In all districts, the Code Enforcement
Officer shall not issue a permit unless:
(a)
Minimum lot dimensions. The lot on which a two-family
dwelling is to be located shall contain at least the minimum lot area
and lot width required by the Density Control Schedule.[1]
[1]
Editor's Note: The Density Control Schedule is included at the end of this chapter.
(b)
Minimum floor area. The dwelling units in a
two-family dwelling shall contain a minimum of 1,200 square feet of
floor area for the first dwelling unit and 800 square feet of floor
area for the second dwelling unit.
[Amended 6-24-2002 by L.L. No. 4-2002]
(c)
Compliance with laws. The plans of the applicant
for such two-family dwelling unit shall comply in all other respects
with the provisions of this chapter and shall comply in all respects
with the New York State Uniform Fire Prevention and Building Code
and all other applicable state, county and Village statutes, laws,
ordinances, rules and regulations.
(2)
Regulations in Residential A and Residential B Districts.
In addition to the foregoing, the Code Enforcement Officer shall not
issue such a permit with respect to a two-family dwelling in a Residential
A or Residential B District unless the lot on which said two-family
dwelling unit is to be located shall contain at least the minimum
lot area and lot width required by the Density Control Schedule.
A.
Authorization. Section 96-a of the General Municipal
Law authorizes the Board of Trustees to provide by regulations, special
conditions and restrictions for the protection, enhancement, perpetuation
and use of places, districts, sites, buildings, structures, works
of art and other objects having special character or special historical
or aesthetic interest or value and provides that such regulations,
special conditions and restrictions may include appropriate and reasonable
control of the use or appearance of neighboring private property within
public view, or both.
B.
HISTORICAL LANDMARK
Definition. As used in this section, the following
terms shall have the meanings indicated:
Includes places, districts, sites, buildings, structures,
works of art and other objects determined, as provided in this section,
to be of or possess special character or special historical or aesthetic
interest or value deserving protection, enhancement, perpetuation
and use, if so designated as an historical landmark by the Board of
Trustees as provide herein.
C.
Purpose. The Board of Trustees hereby declares that
the protection, enhancement, perpetuation and preservation of historical
landmarks is a public purpose necessary to promote the education,
pleasure and general welfare of the citizens of the Village.
D.
Historic Landmarks Preservation Commission. The Mayor
of the Village may appoint an Historic Landmarks Preservation Commission
composed of five members. To the extent practicable, the members of
said Commission shall include persons representative of the architectural
and planning profession, the local historical society, and the construction
and building trades.
[Amended 1-22-2007 by L.L. No. 1-2007; 3-28-2013 by L.L. No. 1-2013]
E.
Designation of historical landmarks.
(1)
Survey. It shall be the duty of the Historical Landmarks
Preservation Commission to conduct a survey of all places, districts,
sites, buildings, structures, works of art and other objects which,
in the opinion of the Historical Landmarks Preservation Commission,
should be designated as historical landmarks.
(2)
Report of Commission. Upon the completion of the survey described in Subsection E(1), the Historical Landmarks Preservation Commission shall deliver a written report to the Board of Trustees recommending the designation of certain places, districts, sites, buildings, structures, works of art and other objects as historical landmarks.
(3)
Public hearing. Upon receipt of the written report
of the Historical Landmarks Preservation Commission, the Board of
Trustees shall schedule a public hearing thereon.
(4)
Designation by local law. If after the aforesaid public
hearing the Board of Trustees desires to designate a particular place,
district, site, building, structure, work of art or other object as
an historical landmark, the Board of Trustees shall designate the
same as an historical landmark by enacting a local law to accomplish
such purpose. Upon the effective date of such local law, the Village
Clerk/Treasurer shall make appropriate notations and references to
the location of the designated historical landmark on the Zoning Map.
F.
Additional powers of Historical Landmarks Preservation
Commission.
(1)
Nothing contained in this section shall be construed
as authorizing the Historical Landmarks Preservation Commission, when
acting with respect to any historical landmark or in adopting regulations
in relation thereto, to regulate or limit the height and bulk of buildings,
to regulate and determine the area of yards, courts and other open
spaces, to regulate density of population or to regulate and restrict
the locations of specific uses or location of buildings designed for
specific uses or to create districts for any such purpose which is
in excess of or in derogation of this chapter.
(2)
Except as provided in Subsection F(1), the Historical Landmarks Preservation Commission may, in exercising or performing its powers, duties or functions under this section with respect to any improvement to a historical landmark, apply or impose, with respect to the construction, reconstruction, alteration, demolition or use of such improvement, determinations or conditions which are more restrictive than those prescribed or made by or pursuant to other provisions of law applicable to such activities, work or use.
G.
Regulations with respect to historical landmarks.
(1)
General. No changes in any exterior architectural
feature of an historical landmark, including but not limited to construction,
reconstruction, alteration, restoration, removal, demolition, or painting,
shall be made except as hereinafter provided.
(2)
Exception. Nothing in this section shall be construed
to prevent the ordinary maintenance and repair of any exterior architectural
feature of an historical landmark which does not involve a change
in the design, material, color or outward appearance thereof. Nothing
in this section shall be construed to prevent the construction, reconstruction,
alteration or demolition of any exterior architectural feature of
an historical landmark which the Code Enforcement Officer shall certify
is required by public safety because of dangerous or unsafe conditions.
(3)
Certificate of approval.
(a)
General. Notwithstanding any inconsistent ordinance,
local law, code, rule or regulation concerning the issuance of building
permits, no change in any exterior architectural feature of an historical
landmark shall be commenced without a certificate of approval from
the Historical Landmarks Preservation Commission, nor shall any permits
for such change be issued without such a certificate of approval having
first been issued. The certificate of approval required by this section
shall be in addition to, and not in lieu of, any other permit that
may be required by any provision of this chapter or any other ordinance,
local law, code, rule or regulation of the Village.
(b)
Procedure and fee to accompany application. Each application for a certificate of approval which also requires an application for a building permit pursuant to the provisions of Chapter 76, Building Construction, Article II, of the Code of the Village of Skaneateles, as amended, and a public hearing as provided by the following Subsection G(3)(c) shall be accompanied by a nonrefundable fee which shall be promulgated periodically by the Board of Trustees. All applications to the Historical Landmarks Preservation Commission for a certificate of approval shall be made in writing upon forms prescribed by said Commission and shall contain the following information:
[1]
Name, address and telephone number of applicant.
[2]
Location of building, structure or land the
architectural features of which are proposed to be changed.
[3]
Elevations of proposed change.
[4]
Perspective drawing of proposed change.
[5]
Samples of color or materials to be used in
proposed change.
[6]
Where proposed change includes signs or lettering,
a scale drawing showing type of lettering; all dimensions and colors;
a description of materials to be used and method of illumination,
if any; and a plan showing location on the building, structure or
land, made by or pursuant to other provisions of law applicable to
such activities, work or use.
(c)
Public hearing. If the purpose for an application for a certificate of approval also requires an application for a building permit pursuant to said Chapter 76, Building Construction, Article II, the Historical Landmarks Preservation Commission shall hold a public hearing prior to taking any final action on such application. Said hearing shall be held not less than 15 days after publication of the notice for such hearing in the official newspaper for the Village.
(d)
Issuance of certificate. Within a reasonable
time after application is filed, or within such further time as the
applicant may in writing allow, the Historical Landmarks Preservation
Commission shall take final action to approve or deny the application
for a certificate of approval. Such application for a certificate
of approval shall not be approved unless the proposed construction,
reconstruction or alteration of the exterior architectural feature
involved will be appropriate to the preservation of the historical
landmark for the purposes of this article or unless, notwithstanding
that it may be inappropriate, owing to conditions especially affecting
the structure involved, failure to issue a certificate of approval
will involve a substantial hardship to the applicant and such certificate
may be issued without substantial detriment to the public welfare
and without substantial deviation from the intent and purposes of
this article. In passing upon appropriateness, the Commission shall
consider, in addition to any other pertinent factors, the historical
and architectural value and significance, architectural style, general
design, arrangement, texture, material and color of the exterior architectural
feature involved and the relationship thereof to the exterior architectural
features of other structures in the immediate neighborhood.
(e)
Appeal to Board of Trustees. In any case were
an application for a certificate of approval with respect to an historical
landmark is filed with the Historical Landmarks Preservation Commission
and is denied, the applicant may appeal such denial to the Board of
Trustees. If the applicant establishes to the satisfaction of the
Board of Trustees that the site which includes such historical landmark
may not be put to a reasonable use without such certificate of approval
being issued, the Board of Trustees may either order that the certificate
of approval be granted or order other appropriate relief.
H.
Restriction of property in vicinity of historical landmark: For the purposes of this section, the development or redevelopment of any lot or the structures or improvements thereon located within 500 feet of an historical landmark designated on the Zoning Map as provided herein is hereby defined as a critical impact use subject to the provisions of Article XI of this chapter.
I.
Old Stone Mill.
[Added 3-10-2003 by L.L. No. 2-2003]
(1)
Legislative findings, intent and purpose.
(a)
Local Law No. 2-1975, subsequently codified as this § 225-25 of the Zoning Law of the Village of Skaneateles, regulated and restricted the use of places, districts, sites and buildings of special historical or aesthetic interest or value to the community. The purpose was to promote the education, pleasure and general welfare of the citizens of the Village.
(b)
Under the local law, the Historical Landmarks
Preservation Commission was created with the power to identify and
oversee improvements and alterations to an historical landmark, applying
or imposing determinations or conditions necessary to protect, enhance,
perpetuate and preserve historical identity.
(d)
The Board of Trustees recognizes that within
an historic district there are specific buildings, structures or sites
which possess a unique characteristic or aesthetic interest or value
as part of the cultural, political, economic or social history of
the community, and due to the unique location or singular physical
characteristic said building, structure or site represents an established
and familiar visual feature of the neighborhood and requires the specific
designation as an historic landmark even though existing within the
boundaries of an historic district.
(e)
On December 11, 2002, the Historical Landmarks
Preservation Commission recommended to this Board that the Old Stone
Mill located at 3 Fennel Street be designated a specific historic
landmark within the historical landmark district due to the unique
and special character, quality and aesthetic interest intrinsically
related to the cultural, economic and social history of our community
and because due to its unique location and singular physical characteristic
the building represents an established and familiar visual feature
of the neighborhood.
(f)
The Commission found that the Old Stone Mill
building is the only original mill within the Village, is constructed
of 1845 native stone and is one of the oldest commercial buildings
in the Village. It is a dominate architectural feature anchoring the
historical district and represents a historic tie to our architectural
roots and as such has an historical, social, cultural, architectural
and aesthetic significance to the Village.
(g)
The Old Stone Mill is presently in a state of
disrepair and on the precipice of irreparable damage. Restoration
will require extensive rehabilitation.
(h)
It is the intent of the Board of Trustees to designate the Old Stone Mill building as an historical landmark and recommend to the Historic Landmarks Preservation Commission that the following specific guidelines be followed prior to the issuance of a certificate of approval as provided in § 225-25G(3) of this chapter.
(2)
Historic landmark. The building known as the Old Stone
Mill at 3 Fennell Street in the Village of Skaneateles is designated
as an historic landmark.
(3)
Criteria for certificate of approval. The Historical
Landmarks Preservation Commission will continue to follow the Standards
for Rehabilitation and Guidelines for Rehabilitating Historic Buildings,
United States Department of the Interior, National Park Service, Preservation
Assistance Division, in reviewing applications for certificates of
approval with specific consideration of the following for the Old
Stone Mill as a designated historic landmark building:
(a)
The distinguishing original qualities or character
of the building and its environment shall not be destroyed.
(b)
Removal or alteration of any historic material
or distinctive architectural feature should be avoided when possible.
(c)
Changes to the building which may have taken
place in the course of time and are not evidence of any history and
development of the building and its environment should be removed
so to preserve the original structure within the confines of the stone
facades and footprint. If said removal, in part or whole, is economically
unfeasible for the use of said building, it is the burden of the developer
to provide the Historical Landmarks Preservation Committee with the
economic evidence.
A.
General. Any proposed excavation adversely affecting
natural drainage or structural safety of adjoining buildings or lands
shall be prohibited. Excavations shall not create any noxious or injurious
substance or condition or cause public hazard.
B.
Erosion prevention. To ensure that surrounding land
and watercourses will not be subject to siltation or erosion, the
owner shall follow certain erosion control practices as the Code Enforcement
Officer deems necessary. The owner shall take steps to prevent erosion
of topsoil and subsoil from all areas of the lot. Such steps shall
include but not be limited to:
(1)
Provision for adequate drainage facilities to accommodate
effectively the increased runoff caused by changed soil and surface
conditions during and after construction, including installing and
maintaining temporary sedimentation control facilities at the point
or points of stormwater discharge from the property. If the Code Enforcement
Officer deems it necessary, the owner shall show, as part of submitted
plans, the interceptor swales and sedimentation control facilities
along the lower edges of all boundaries of the property. Significant
topographic data and design grades for the swales shall be shown on
the plans.
(2)
Fitting the plan to the topography and soils so as
to minimize the erosion potential in areas affected by the proposed
construction.
(3)
Retention and protection of natural vegetation wherever
possible.
(4)
Seeding or sodding or the use of anti-erosion mats
or spreading straw on denuded areas.
C.
Excavation for construction. In any district, excavation
relating to the construction, on the same lot, of a building or structure
for which a building permit has been issued shall be permitted. In
the event that construction of a building or structure is stopped
prior to completion and the building permit is allowed to expire,
the premises shall immediately be cleared of any rubbish or building
materials, and any excavation with a depth greater than two feet below
existing grade shall immediately be filled in and the topsoil replaced,
or all such excavations shall be entirely surrounded by a substantial
fence at least six feet high that will effectively block access to
the area in which such excavation is located and such excavation will
be covered over or filled within one year.
D.
Cellar hole. When any building or structure is demolished or destroyed, any excavation or cellar hole shall be fenced in immediately as provided in Subsection C above and covered over or filled in within one year.
E.
Failure to comply. If the owner fails to fence, cover
over or fill any excavation or cellar hole when required and such
failure shall continue for 30 days after written notice by the Code
Enforcement Officer, the Board of Trustees may order the excavation
or cellar hole to be covered over or filled in and shall assess the
cost thereof against the owner of said property.
Notwithstanding any provision of this chapter
to the contrary, no land use activity shall be permitted in any district
unless it shall comply with the following standards:
A.
No offensive or objectionable vibration or glare shall
be noticeable at or beyond the property line.
B.
No activity shall create a physical hazard by reason
of fire, explosion, radiation, or other similar cause to persons or
property in the same or adjacent district.
C.
There shall be no discharge of any liquid or solid
waste into any stream or body of water, or any public or private disposal
system, or into the ground, of any materials of a nature that may
contaminate any water supply, including groundwater supply.
D.
There shall be no storage of any material either indoors
or outdoors in such a manner that it facilitates the breeding of vermin
or endangers health in any way.
E.
The emission of smoke, fly ash, or dust which can
cause damage to the health of persons, animals, or plant life or other
forms of property shall be prohibited.
F.
Skaneateles Lake and all streambeds, brooks and other
tributaries or outlets to the lake shall be maintained in their natural
state and kept free of debris and other obstructions to water flow.
G.
All land in the Village shall be kept free from abandoned,
inoperable or discarded vehicles, appliances, building materials and
other similar safety hazards.
H.
There shall be no outdoor storage or display, for
lease or sale of merchandise, on the sidewalk in the Commercial Mixed-Use
C and Downtown D Districts of the Village with the following exceptions:
[Amended 3-2-1999 by L.L. No. 1-1999; 8-14-2014 by L.L. No.
2-2014]
(1)
Garage or casual sales from a residence where all
of the following conditions are met:
(2)
Outdoor dining.
(3)
Merchandise stored under a permanent structure.
(4)
Such temporary and/or seasonal storage and/or sales
as authorized by resolution of and under conditions as may be imposed
by the Board of Trustees.
A.
Gasoline pumps and storage tanks.
(1)
Residential A, Residential B and Downtown D District. Except as provided in Subsection A(3), no gasoline pumps or gasoline storage tanks shall be installed or affixed to any premises or used in a Residential A, Residential B or Downtown D District.
(2)
Vehicle service facilities. Storage capacity of gasoline
for sale at a vehicle service facility must be on the premises of
such facility and must not be in excess of 8,000 gallons at any time.
(3)
Other instances. Except as provided above, no gasoline may be stored in any quantity exceeding five gallons without securing a special use permit therefor from the Zoning Board of Appeals, which permit may be issued in accordance with Article X hereof upon such terms and conditions as will protect the public health, safety and welfare.
B.
Minimum street frontage. No building or structure
shall be built on any lot in a Residential A District that does not
have a frontage of at least 50 feet measured along the street line
on a legally dedicated street unless approved by the Planning Board.
[Amended 1-9-2020 by L.L. No. 1-2020]
C.
Concrete sidewalks. All sidewalks which are installed
to replace existing sidewalks or installed as new sidewalks along
street frontages in alignment with adjacent sidewalks, or between
the property line and the pavement or curbline if there is no adjacent
sidewalk, shall be four feet in width and constructed of concrete.
D.
Animals. No lot may be used or occupied and no building
or structure may be erected, altered or used for the raising or harboring
of swine, goats, rabbits, horses, cows, poultry, foxes, mink, skunks
or any fur-bearing animal without securing a special use permit from
the Zoning Board of Appeals; provided, however, that the provisions
of this subsection shall not apply to the harboring of customary household
pets.
