Town of Cazenovia, NY Article I General Provisions

§ 165-1 Title; scope; purposes; construal of provisions; conflict with state law.

A. Title. This chapter shall be known and may be cited as the "Zoning Law of the Town of Cazenovia."

B. Scope. This chapter regulates the location, design, construction, alteration, occupancy and use of structures and the use of land in the Town of Cazenovia, outside the incorporated Village of Cazenovia, dividing the Town into land use districts.

C. Enacting clause and purposes. This chapter is enacted pursuant to the authority and power granted by Municipal Home Rule Law of the State of New York, Article 2, § 10 et seq., and Chapter 62, Article 16, of the Consolidated Laws,[1] in conformance with the Comprehensive Plan: Village and Town of Cazenovia, adopted June 9, 2008 (the "Comprehensive Plan"), to protect and promote public health, safety, comfort, convenience, economy, natural, agricultural and cultural resources, aesthetics and the general welfare and for the following additional purposes:

(1) To conserve the natural resources and rural character of the Town by permitting development in the most appropriate locations and by limiting building in areas where it would conflict with the Town's rural pattern and scale of development.

(2) To minimize negative environmental impacts of development, especially in visually and environmentally sensitive areas such as the Cazenovia Lake Watershed, the Town and Village Aquifer located east of the village, the higher elevations, scenic viewsheds, steep slopes, erodible soils, stream corridors, wetlands, floodplains and active farmlands.

(3) To protect existing shorelines, wooded areas, scenic views, agricultural land, existing and potential recreation areas, waterways, ground- and surface water supplies, ecological systems, wetlands, wildlife habitat and natural vegetation, and to maintain large areas of contiguous open space in their current undeveloped state, in order to preserve the predominantly open and rural character of the Town.

(4) To preserve and protect lands and structures that are historically significant.

(5) To enhance the aesthetic and architectural quality of the entire community, and to maintain its natural beauty.

(6) To encourage agriculture to continue and prosper because of its importance to the local economy and to the preservation of open space, and to avoid regulating agricultural uses in a manner that unreasonably restricts or regulates farm structures or farming practices.

(7) To encourage other economic activities that require large areas of contiguous open space, as well as the support services and industries that add value to these uses.

(8) To integrate different types of housing and different kinds of land uses in order to encourage social and economic interaction and pedestrian activity, and to reduce unnecessary automobile traffic.

(9) To provide a range of housing opportunities for all segments of the local population with due consideration for regional housing needs.

(10) To protect residences from nonagricultural nuisances, odors, noise, light, pollution and other unsightly, obtrusive and offensive land uses and activities.

(11) To locate commercial and other nonresidential uses in a manner that is convenient to residences, reduces use of automobiles and provides freedom for landowners to make beneficial economic use of their land, provided that such uses are not harmful to neighboring properties or the natural environment.

(12) To improve transportation facilities in areas designated for intensive settlement and to maintain a network of smaller country roads in areas designated for the protection of open space, agriculture, steep slopes and rural character.

(13) To reduce traffic congestion on major roads by establishing a pattern of settlement and circulation that reduces reliance on automobiles and provides alternative routes between destinations.

(14) To encourage the conservation of energy and the appropriate use of renewable energy resources.

(15) To regulate structure density in order to concentrate population in appropriate locations while allowing reasonable privacy for residences, ensure access to light and air, conserve open space, facilitate the prevention and fighting of fires, minimize the cost of municipal services and accomplish the other purposes enumerated in this chapter.

(16) To provide a flexible system of land use regulation that enables the Town to grow, while preserving its most important natural, historic, architectural and cultural features.

(17) To base such flexible land use regulations on the unique characteristics of the landscape, the needs of the people of the Town of Cazenovia, the impact of proposed land uses on the natural and human environment and the purposes articulated in this chapter, and to avoid suburban sprawl and commercial strip patterns of development.

(18) To ensure compliance with, where applicable, the provisions of the Cazenovia Lakefront Development Guidelines (as last amended and adopted) for development projects occurring along Cazenovia Lake.

[Added 2-12-2018 by L.L. No. 1-2018]

[1] Editor's Note: See Town Law § 261 et seq.

D. Interpretation of provisions. All provisions of this chapter shall be construed to fulfill the purposes stated in Subsection C above and the policies expressed in the Comprehensive Plan.

E. Conflict with state laws. To the extent that any provisions of this chapter are inconsistent with the Town Law of the State of New York, Chapter 62 of the Consolidated Laws, Article 16, §§ 261 through 268, 274-a through 281, the Town Board of the Town of Cazenovia hereby declares its intent to supersede those sections of the Town Law, pursuant to its home rule powers under Municipal Home Rule Law, Article 2, § 10 et seq., of the Consolidated Laws of the State of New York.

F. No unreasonable regulations. Unless it is shown that public health or safety is threatened otherwise, none of the regulations contained in this chapter shall be construed, interpreted or imposed by the reviewing board or official in such a way as to unreasonably restrict/restrain those farms or farm operations located in a state-certified Agricultural District approved pursuant to New York State Agriculture and Markets Law Article 25-AA. In instances where health or safety has been identified as being threatened by such use, these regulations shall be applicable per law, subject to review by the Department of Agriculture and Markets. By way of example and without limitation, the requirements for a special permit for a particular farm operation use for an additional accessory building may be reviewed by the farmer with the Codes Enforcement Officer, or discussed with the Department of Agriculture and Markets. Pursuant to the existing provisions of the New York State Agriculture and Markets Law (including § 305-a), farm operations located within a state-certified Agricultural District may have certain protections from zoning laws that unreasonably restrict farm practices. In such instances, while the terms of this chapter may prohibit or regulate certain activities or uses, any individual farm operation owner may review such proposed prohibition or regulation with the Town's Codes Enforcement Officer to determine if such request is unreasonably restrictive. Further, the farm operation may, pursuant to New York State Agriculture and Markets Law § 305-a, seek a review of the provisions of this chapter from the New York State Department of Agriculture and Markets for a determination of the applicability of the regulation or restriction.

§ 165-2 Effect on other laws; special agreements; previously existing building lots.

A. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, comfort and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easement, covenant or other agreement between parties; provided, however, that when this chapter imposes a greater restriction on the use or regulation of structures or land or on the heights of structures, or requires larger open spaces, or imposes any higher standard than are imposed or required by any other statute, law, ordinance, rule, regulation or by any easement, covenant or agreement, the provisions of this chapter shall control. Where the requirements of this chapter differ from the requirements of another statute, law, ordinance, rule or regulation, the more restrictive shall govern. Where additional regulations exist (or are enacted) in other chapters, these regulations are deemed to supplement the additional regulations so enacted and must be observed in context with this chapter. However, in all cases where competing or conflicting regulations are encountered, the more restrictive regulation shall be observed.

B. The passage of these regulations shall not invalidate the legal status of an existing lot of record (being a previously existing unimproved legal building lot) otherwise in conformance with the Town of Cazenovia Zoning Law immediately preceding the adoption of these regulations. This provision is intended to allow such lots of record to be eligible as building lots (for purposes of lot area) so long as such lots otherwise conform to these regulations or any necessary variance(s) is/are granted.